Income Tax Regulations (Amendment)

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Statutory Rules 1995   No. 1941

__________________

Income Tax Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Income Tax Assessment Act 1936.

Dated 30 June 1995.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

 

 

GEORGE GEAR

Assistant Treasurer

____________

1.   Commencement

1.1   These Regulations commence on 1 July 1995. 

2.   Amendment

2.1   The Income Tax Regulations are amended as set out in these Regulations.

3.   Regulation 70 (Interpretation)

3.1   Subregulation 70 (1) (definition of “shading out point”):

Omit:

;” ,

substitute:

,” .

4.   Regulation 72 (Rate of deductions—employee claiming general exemption only and employee, not being a prescribed person, claiming general exemption and Medicare levy variation)

4.1   Subparagraph 72 (1) (d) (ii):

Omit “$240”, substitute “$243”.

4.2   Paragraph 72 (2) (a):

Omit “$258”, substitute “$263”.

4.3   Paragraph 72 (2) (a):

Omit “240.28”, substitute “243.72”.

4.4   Paragraph 72 (2) (b):

Omit “$258”, substitute “$263”.

4.5   Paragraph 72 (2) (b):

Omit “0.014”, substitute “0.015”.

4.6   Paragraph 72 (2) (c):

Omit:

B    0.014 (A B)    0.186”,

substitute:

B    0.015 (A B)    0.185”.

5.   Regulation 73 (Rate of deductions—employee, being a prescribed person, claiming general exemption and Medicare levy variation)

5.1   Paragraph 73 (1) (e):

Omit “$404”, substitute “$411”.

5.2   Paragraph 73 (2) (a):

Omit “$435”, substitute “$444”.

5.3   Paragraph 73 (2) (a):

Omit “404.73”, substitute “411.5”.

5.4  Paragraph 73 (2) (b):

Omit “$435”, substitute “$444”.

5.5   Paragraph 73 (2) (b):

Omit “0.007”, substitute “0.0075”.

5.6   Paragraph 73 (2) (c):

Omit:

B    0.007 (A B)    0.093”,

substitute:

B    0.0075 (A B)    0.0925”.

6.   Regulation 80 (Rate of deductions—employee in receipt of certain retirement amounts etc.)

6.1   Omit “31.4”, substitute “31.5”.

7.   Regulation 82 (Rate of deductions where eligible lump sum is included)

7.1   Omit “22.4”, substitute “22.5”.

8.   Schedule 3 (Tables to be used in calculation of income tax instalment amounts in relation to employees)

8.1   Table 1 (Employees to whom paragraph 72 (1) (c) applies):

Omit the Table, substitute:

 

Column 1

Column 2

Column 3

Column 4

 

Item

 

Range in respect of relevant amount of earnings of employee

 

Factor

 

Amount

 

 

 

 

$

1

Not exceeding $98.99

0

0

2

Exceeding $98.99 but not exceeding $242.99

0.2031

20.1900

3

Exceeding $242.99 but not exceeding $262.99

0.4062

69.6945

4

Exceeding $262.99 but not exceeding $391.99

0.2183

20.1865

5

Exceeding $391.99 but not exceeding $723.99

0.3550

73.7729

6

Exceeding $723.99 but not exceeding $954.99

0.4450

138.9883

7

Exceeding $954.99

 

0.4850

177.2037

8.2   Table 3 (Employees to whom paragraph 73 (1) (d) applies):

Omit the Table, substitute:

 

Column 1

Column 2

Column 3

Column 4

 

Item

 

Range in respect of relevant amount of earnings of employee

 

Factor

 

Amount

 

 

 

 

$

1

Not exceeding $98.99

0

0

2

Exceeding $98.99 but not exceeding $391.99

0.2031

20.1900

3

Exceeding $391.99 but not exceeding $410.99

0.3400

73.8576

4

Exceeding $410.99 but not exceeding $444.99

0.4400

115.0076

5

Exceeding $444.99 but not exceeding $723.99

0.3475

73.8131

6

Exceeding $723.99 but not exceeding $954.99

0.4375

139.0285

7

Exceeding $954.99

0.4775

177.2439

 

8.3   Table 4 (Employees to whom regulation 77 applies):

Omit the Table, substitute:

 

Column 1

Column 2

Column 3

Column 4

 

Item

 

Range in respect of relevant amount of earnings of employee

 

Factor

 

Amount

 

 

 

 

$

1

Not exceeding $106.99

0.2150

0.2150

2

Exceeding $106.99 but not exceeding $439.99

0.3550

15.2919

3

Exceeding $439.99 but not exceeding $670.99

0.4450

54.9265

4

Exceeding $670.99

0.4850

81.7727

 

_________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1995.

2. Statutory Rules 1936 No. 94 as amended by 1939 Nos. 6 and 42; 1940 Nos. 138 and 289; 1941 Nos. 120 and 327; 1942 Nos. 339 and 553; 1943 Nos. 80, 127 and 151; 1944 Nos. 90 and 124; 1945 Nos. 12, 85, 169 and 192; 1946 No. 135; 1947 Nos. 77 and 173; 1948 Nos. 115 and 162; 1949 Nos. 25 and 50; 1950 Nos. 63 and 101; 1951 Nos. 136 and 157; 1952 Nos. 89, 90 and 102; 1953 Nos. 55 and 88; 1954 Nos. 11, 99 and 112; 1955 No. 23; 1956 Nos. 34, 35 (repealed by 1956 No. 96) and 96; 1957 Nos. 39 and 74; 1958 Nos. 27 and 70; 1959 Nos. 25 and 81; 1960 Nos. 44 and 74; 1962 Nos. 15, 44 and 112; 1963 Nos. 53 and 92; 1964 Nos. 74, 121 and 134; 1965 Nos. 133 and 187; 1966 No. 156; 1967 Nos. 112 and 126; 1968 No. 1; 1969 No. 68; 1970 Nos. 43, 126, 168 and 213; 1971 Nos. 120 and 148; 1972 Nos. 48, 50 and 137; 1973 No. 266; 1974 Nos. 193, 226 and 267; 1975 Nos. 88, 89, 99, 101 and 213; 1976 Nos. 115, 188 and 212; 1977 Nos. 77, 107 and 248; 1978 Nos. 85 and 193; 1979 Nos. 126 and 239; 1980 Nos. 86, 137 and 149; 1981 Nos. 116 and 360; 1982 Nos. 115, 128, 267 and 280; 1983 Nos. 79, 87, 111, 213 and 319; 1984 Nos. 172, 286, 408 and 416; 1985 Nos. 21, 148, 274 and

NOTES—continued

 278; 1986 No. 325; Acts Nos. 28, 49 and 112, 1986; Statutory Rules 1987 Nos. 92 and 120; 1988 Nos. 196, 208, 262, 381, 382, 383 and 384; Act No. 97, 1988; Statutory Rules 1989 Nos. 67, 80, 115 (as amended by 1989 No. 358), 123, 124, 141, 250 and 358; 1990 Nos. 19, 126, 151, 152, 192, 347, 390, 398 and 468; 1991 Nos. 20, 121, 156, 158, 240, 300, 301, 390 and 391; 1992 Nos. 38, 129, 216, 313 and 449; 1993 Nos. 15, 46, 47, 65, 91, 159, 202, 216, 275, 288 and 370; 1994 Nos. 95, 96, 127, 174, 195, 219, 399, 412, 460, 461 and 462; 1995 Nos. 58, 107, 139, 152 and 153; Act No. 30, 1995.

Overview

The Income Tax Regulations 1995 (Amendment) Statutory Rules were enacted to make necessary adjustments to the income tax system, ensuring that deductions and rates align with changes in the economic environment and legislative requirements. These Regulations, made under the authority of the Income Tax Assessment Act 1936, aim to address the need for updating the regulatory framework to reflect the current tax landscape. The amendments include adjustments to the deduction rates for various employee categories, as well as modifications to the factors used in calculating income tax instalments. These changes are designed to ensure the tax system remains fair, efficient, and reflective of the current economic conditions. Enacted by the Governor-General on the advice of the Federal Executive Council, the Regulations were brought into effect on 1 July 1995. The primary objective of these amendments is to update the Income Tax Regulations to ensure they remain consistent with the Income Tax Assessment Act and to facilitate accurate and fair tax assessments for all taxpayers.

Scope and Application

The Income Tax Regulations 1995 (Amendment) apply to individuals and entities subject to the Income Tax Assessment Act 1936, particularly focusing on employees' deductions for work-related expenses. These regulations amend the Income Tax Regulations to adjust the rates of deductions for employees claiming general exemptions and those eligible for Medicare levy variations. The amendments include updating the shading out point and the rates of deductions for various income brackets, effective from 1 July 1995. These regulations have a national reach, applying across the Commonwealth of Australia, and are applicable to all taxpayers subject to the Income Tax Assessment Act 1936. The regulations do not specify any exclusions or exemptions, and their application is directly tied to the adjustments in the specified rates and brackets, without any further extensions or restrictions through subordinate instruments.

Key Provisions

The Statutory Rules 1995 No. 194, titled "Income Tax Regulations 2 (Amendment)" amend the Income Tax Regulations under the Income Tax Assessment Act 1936. These Regulations came into effect on 1 July 1995. The amendments primarily adjust various monetary figures and rates specified in the original regulations, reflecting changes necessary to accommodate inflation or other economic factors. For instance, Regulation 70 (Interpretation) introduces minor textual adjustments to the definition of “shading out point”. Regulation 72 and Regulation 73 modify the rates of deductions for employees claiming general exemptions and those who are prescribed persons. Similarly, Regulation 80 and Regulation 82 adjust rates for employees in receipt of certain retirement amounts and those eligible for lump sum payments, respectively. The Regulations impose specific obligations on taxpayers and employers to accurately calculate and report income tax deductions based on the updated rates. Employers are required to ensure that the correct factors and amounts are used when calculating deductions from employee earnings. For example, Regulation 72(2) mandates that employers use the new rates for employees claiming general exemptions, while Regulation 73(2) provides updated rates for prescribed persons. Accurate record-keeping and calculation are essential to comply with these obligations. Failure to comply with the amended regulations may result in civil consequences for individuals and entities. The Income Tax Assessment Act 1936 includes provisions for penalties where taxpayers do not adhere to the correct rates and calculations. While the specific penalties are not detailed in these Regulations, they typically include financial penalties, interest on unpaid taxes, and potential audits or investigations by the Australian Taxation Office (ATO). In more severe cases, non-compliance could lead to criminal charges, especially if there is evidence of deliberate or willful disregard of the tax laws. The ATO is empowered to enforce these provisions, ensuring taxpayers and employers meet their obligations under the amended Regulations.

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