Income Tax Regulations (Amendment)

Administered by Department of the Treasury

Legislation au F1997B00240 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. .

 

REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1936-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Income Tax Assessment Act 1936-1940.

Dated this twenty eighth day of May, 1941.

Governor-General.

By His Excellencys Command,

Treasurer.

 

Amendments of Income Tax Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of August, 1941.

2. Regulation 54a of the Income Tax Regulations is repealed and the following regulation inserted in its stead:—

Rates of deductions where no dependants.

54a. Where the salary or wages payable to an employee, in respect of any week or part thereof, exceeds Three pounds seventeen shillings, the rates at which the employer shall make deductions, for the purposes of section 221c of the Act, from every pound, or part of a pound in excess of Ten shillings, shall be—

(a) where the salary or wages exceeds Three pounds seventeen shillings but does not exceed Four pounds—twopence;

(b) where the salary or wages exceeds Four pounds but does not exceed Four pounds five shillings—fourpence;

(c) where the salary or wages exceeds Four pounds five shillings but does not exceed Four pounds fifteen shillings—sixpence;

(d) where the salary or wages exceeds Four pounds fifteen shillings but does not exceed Five pounds—eightpence;

(e) where the salary or wages exceeds Five pounds but does not exceed Five pounds five shillings—tenpence;

(f) where the salary or wages exceeds Five pounds five shillings but does not exceed Five pounds fifteen shillings—one shilling;

 

* Notified in the Commonwealth Gazette on     , 1941.

† Statutory Rules 1936, No. 94 as amended by Statutory Rules 1939 Nos. 6 and 42; and 1940, Nos. 138 and 289.

3232.—15/23.5.1941.—Price 3d.


(g) where the salary or wages exceeds Five pounds fifteen shillings but does not exceed Six pounds—one shilling and twopence;

(h) where the salary or wages exceeds Six pounds but does not exceed Six pounds ten shillings—one shilling and fourpence;

(i) where the salary or wages exceeds Six pounds ten shillings but does not exceed Seven pounds—one shilling and sixpence;

(j) where the salary or wages exceeds Seven pounds but does not exceed Eight pounds—one shilling and eightpence;

(k) where the salary or wages exceeds Eight pounds but does not exceed Nine pounds—one shilling and tenpence;

(l) where the salary or wages exceeds Nine pounds but does not exceed Ten pounds ten shillings—two shillings;

(m) where the salary or wages exceeds Ten pounds ten shillings but does not exceed Twelve pounds ten shillings —two shillings and threepence;

(n) where the salary or wages exceeds Twelve pounds ten shillings but does not exceed Fourteen pounds ten shillings —two shillings and sixpence;

(o) where the salary or wages exceeds Fourteen pounds ten shillings but does not exceed Sixteen pounds ten shillings —two shillings and ninepence;

(p) where the salary or wages exceeds Sixteen pounds ten shillings but does not exceed Eighteen pounds ten shillings—three shillings; and

(q) where the salary or wages exceeds Eighteen pounds ten shillings—three shillings and sixpence..

Rates of deductions where employee has dependants.

3. Regulation 54b of the Income Tax Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “five shillings and inserting in their stead the words three shillings;

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

(1a.) Where the Commissioner is satisfied that by reason of circumstances connected with the employment of any employee it would be impracticable for the employee to furnish to his employer a declaration for the purposes of the last preceding sub-regulation, the employee may make that declaration to the Commissioner, and the Commissioner may issue to the employee a certificate showing the number of dependent persons specified in the declaration and, thereafter, the exhibiting of the certificate, during its currency, by the employee to a person who has been his employer for not less than four days in any week shall, in respect of that week, be deemed to be the furnishing of the declaration to the employer for the purposes of the last preceding sub-regulation..


Manner in which declaration to be finished.

4. Regulation 54c of the Income Tax Regulations is amended by inserting after the words purposes of the words sub-regulation (1.) of.

5. After regulation 54d of the Income Tax Regulations, the following regulation is inserted:—

Manner of furnishing declaration for purpose of obtaining certificate.

54e. An employee furnishing a declaration for the purposes of sub-regulation (1a.) of regulation 54b of these Regulations shall complete and sign one copy of the form provided by the Commissioner or a Deputy Commissioner and shall forward the form to the Commissioner or Deputy Commissioner with an application for the certificate..

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1941, specifically Statutory Rules No. 15/23, under the Income Tax Assessment Act 1936-1940, were enacted to amend the existing Income Tax Regulations. These regulations were introduced by the Governor-General in accordance with the advice of the Federal Executive Council and aimed to address the need for updated tax deduction rates and procedures for employees, particularly those with dependants. The regulations came into effect on 1 August 1941, modifying the rates of deductions for employees based on their salary brackets and allowing for alternative methods of providing tax declarations, particularly in cases where employees have dependants. This was intended to streamline the tax collection process and ensure that the tax deductions were appropriately calculated and managed.

Scope and Application

The Regulations under the Income Tax Assessment Act 1936-1940, enacted by the Governor-General in Council, outline specific amendments to the Income Tax Regulations concerning the rates of deductions employers must make from employee salaries or wages. These Regulations apply to all employers operating within the Commonwealth of Australia and are effective from 1 August 1941. The amendments primarily adjust the rates at which employers should deduct tax from employees' salaries or wages exceeding certain thresholds, with specific rates varying according to the amount of salary or wages. Additionally, the Regulations introduce provisions for employees with dependents, allowing them to obtain a certificate from the Commissioner when it is impractical to provide a declaration to their employer directly. These Regulations thus define and regulate the tax deduction process for employers, ensuring compliance with the Income Tax Assessment Act 1936-1940 across Australia.

Key Provisions

The Regulations under the Income Tax Assessment Act 1936-1940 primarily modify the rates of deductions employers must make from employee wages for income tax purposes. Section 2 of the Regulations specifies that the new rules will come into effect on 1 August 1941. Section 2 also introduces a new regulation 54a that sets out the rates of deductions based on the employee's salary or wages, which range from twopence to three shillings and sixpence per pound, depending on the salary bracket. Regulation 54b is amended to adjust the threshold for the number of dependants from five shillings to three shillings, and introduces a process whereby an employee can obtain a certificate from the Commissioner if it is impractical to provide a declaration to their employer. Section 4 amends regulation 54c to clarify that the declaration should be made for the purposes specified in sub-regulation (1.) of regulation 54b. Section 5 adds regulation 54e, detailing the process for employees to obtain a certificate from the Commissioner by completing and signing a form provided by the Commissioner or Deputy Commissioner and forwarding it with an application. Employers are required under these Regulations to make deductions from employee wages at the specified rates as outlined in regulation 54a, based on the employee's salary or wages. Employers must also accept a certificate issued by the Commissioner as proof of an employee's dependant status if the employee is unable to provide a declaration directly to the employer, as allowed under regulation 54b(1a). Employees, on the other hand, must complete and sign a declaration form provided by the Commissioner or Deputy Commissioner and submit it along with an application to obtain a certificate, as per regulation 54e. There are no explicit provisions detailing offences, penalties, or civil or criminal consequences for breach within the text of these Regulations. However, non-compliance with income tax regulations generally may lead to penalties, fines, or legal action under the broader Income Tax Assessment Act 1936-1940, which is not specified in these particular Regulations.

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Commencement Provisions
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