Income Tax Regulations (Amendment)

STATUTORY RULES.

1941. No. 327.

REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1936-1941.*

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 1936-1941.

Dated this thirty-first day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

Treasurer.

Amendments of the Income Tax Regulations.†

Parts.

1. Regulation 2 of the Income Tax Regulations is amended by inserting after the words “Part VII.—Penal Provisions and Prosecutions.” the words “Part VIIa—War Tax.”.

Live stock.

2. Regulation 5 of the Income Tax Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The separate notification shall be delivered to the Commissioner at the place where, under these Regulations, the return is to be furnished, on or before the date of the furnishing of the first return in which the value of live stock is taken into account, or within such extended time as the Commissioner allows for the exercise of that option, or the making of that selection, as the case may be.”.

Returns by persons other than companies.

3. Regulation 10 of the Income Tax Regulations is amended—

(a) by omitting the figure and symbols “(1.)”;

(b) by inserting in paragraph (b), after the words “Part B—Income from Property;”, the words “Part BB—Concessional Deductions;”; and

(c) by adding at the end of paragraph (e) the words “from all sources in and out of Australia.”.

* Notified in the Commonwealth Gazette on 31st December 1941.

† Statutory Rules 1936, No. 94, as amended by Statutory Rules 1939, Nos. 6 and 42; 1940, Nos. 138 and 289; and 1941, No. 120.

8332.—Price 3d.

4. Regulations 54a and 54b of the Income Tax Regulations are repealed and the following regulations inserted in their stead:—

Rates of deductions where no dependants.

“54a.—(1.) Where the salary or wages payable to an employee, in respect of any week or part thereof, exceeds Three pounds but does not exceed Three pounds seventeen shillings, the rates at which the employer shall make deductions, for the purposes of section 221c of the Act, as applied in relation to war tax, shall be in accordance with the Third Schedule to these Regulations.

“(2.) 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, and for the purposes of that section as applied in relation to war tax, shall be in accordance with the Fourth Schedule to these Regulations.

Rates of deductions where employee has dependants.

“54b.—(1.) Notwithstanding anything contained in the last preceding regulation, where an employee has furnished to his employer, in a form approved by the Commissioner or a Deputy Commissioner and in the manner proscribed by these Regulations, a declaration that, on the first day of July immediately preceding the date or dates on which deductions are to be made, he was wholly maintaining the dependants described in the declaration, the amount of the deduction in respect of any week or part of a week under the last preceding regulation shall, in the case of that employee, be reduced—

(a) in respect of a dependant, being the employee’s spouse or a female relative having the care of any of the employee’s children who are under sixteen years of age—by Four shillings;

(b) in respect of a dependant, being the mother of the employee—by Four shillings; and

(c) in respect of dependants who are children of the employee—for one such child, by Four shillings, and for each other such child, by One shilling:

Provided that the amount of the deduction shall not in any case be less than One shilling.

“(2.) Where the Commissioner is satisfied that, by reason of circumstances connected with the employment of any employee, it will be impracticable for the employee to furnish to his employer a declaration for the purposes of the last preceding sub-regulation, the employee may furnish that declaration to the Commissioner, and the Commissioner may issue to the employee a certificate specifying the dependants of that employee and, thereafter until the date specified in the certificate as the date on which it expires, the exhibiting of the certificate 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.

“(3.) In this regulation, ‘dependant’ means a person to whom, in respect of the employee, paragraph (a) or (ba) of section 79, or paragraph (b) of sub-section (1.) of section 160ii, of the Act applies.”.

5. After Part VII. of the Income Tax Regulations the following Part is inserted:—

“Part VIIa.—War Tax.

Application of Regulations.

“58a. All the provisions of these Regulations shall, mutatis mutandis, apply in relation to war tax in the same manner as they apply in relation to income tax.

Modifications of section 221c.

“58b. Section 221c of the Act, in its application in relation to war tax, shall be modified by omitting from sub-section (1.) the words ‘Seventeen shillings’.”.

Third and Fourth Schedule.

6. After the Second Schedule to the Income Tax Regulations the following Schedules are added:—

“THE THIRD SCHEDULE.

Rates of Deductions.    Reg. 54a.

“THE FOURTH SCHEDULE.

Rates of Deductions.    Reg. 54a.

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