Income Tax Regulations (Amendment)

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Legislation au F1997B00242 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 339.

_________

REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1936-1942.*

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 1936-1942.

Dated this twenty-ninth day of July, 1942.

Governor-General.

By His Excellency’s Command,

 

 

Treasurer.

 

________

Amendment of the Income Tax Regulations.†

Commencement.

1. These Regulations shall commence on the first day of August, One thousand nine hundred and forty-two.

Parts.

2. Regulation 2 of the Income Tax Regulations is amended by omitting the words “Part VIIa.—War Tax.”.

Returns by persons other than companies.

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

(a) by omitting from paragraph (b) the words “Concessional Deductions” and inserting in their stead the words “Concessional Allowances subject to Rebate of Tax”;

(b) by omitting from paragraph (d) the word “Deduction” (wherever occurring) and inserting in its stead the word “Allowance”; and

(c) by omitting from paragraph (d) the word “Deductions” (wherever occurring) and inserting in its stead the word “Allowances”.

Returns by companies.

4. Regulation 11 of the Income Tax Regulations is amended by omitting from sub-paragraph (iii) of paragraph (c) of sub-regulation (2.) the words “Two hundred pounds” (wherever occurring) and inserting in their stead the words “One hundred and fifty-six pounds”.

5. Regulation 54a of the Income Tax Regulations is repealed and the following regulation inserted in its stead:—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 exceed Three pounds, the rates at which

* Notified in the Commonwealth Gazette on , 1942

† Statutory Rules 1936, No. 94, as amended by Statutory Rules 1939, Nos. 6 and 42; 1940, Nos. 138 and 289; and 1941, Nos. 120 and 327.


the employer shall make deductions for the purposes of section 221c of the Act shall be—

(a) where the salary or wages dues not exceed Thirty pounds ten shillings in accordance with sub-column (i) of column 2 of the Third Schedule to these Regulations; or

(b) where the salary or wages exceed Thirty pounds ten shillings —eight shillings for every pound or part of a pound in excess of ten shillings.”.

Rates of deductions where employee has dependants.

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

(a) by omitting from sub-regulation (1.) the word “reduced”;

(b) by omitting paragraphs (a), (b) and (c) of sub-regulation

(1.) and inserting in their stead the following paragraphs:—

“(a) if the salary or wages does not exceed Thirty pounds ten shillings and the number of dependants described in the declaration does not exceed six—the amount set out in such of the sub-columns of column 2 of the Third Schedule to these Regulations as accords with the number of dependants described in the declaration;

“(b) if the salary or wages does not exceed Ten pounds ten shillings and the number of dependants described in the declaration exceeds six—the amount set out in sub-column (vii) of column 2 of the Third Schedule to these Regulations, less an amount of two shillings for each such dependant in excess of six;

“(c) if the salary or wages exceeds Ten pounds ten shillings but does not exceed Thirty pounds ten shillings and the number of dependants described in the declaration exceeds six—the amount set out in sub-column (vii) of column 2 of the Third Schedule to these Regulations, less an amount of three shillings for each such dependant in excess of six; and

“(d) if the salary or wages exceeds Thirty pounds ten shillings—eight shillings for each pound or part of a pound in excess of ten shillings less—

(i) in respect of the first dependant described in the declaration—sixteen shillings;

(ii) in respect of the second dependant described in the declaration—twelve shillings; and

(iii) in respect of each additional dependant described in the declaration—three shillings.”; and

(c) by omitting, from sub-regulation (3.) all the words after the word “employee,” and inserting in their stead the words “paragraph (a), (b) or (c) of sub-section (2.) of section 160 of the Act applies”.

Manner of furnishing declaration for purpose of obtaining certificate.

7. Regulation 54e of the Income Tax Regulations is amended by omitting the figure and symbols “(1a.)” and inserting in their stead the figure and symbols “(2.)”.

Repeal of Part VIIA.

8. Part VIIa. of the Income Tax Regulations is repealed.

Schedules.

9. The Third and Fourth Schedules the Income Tax Regulations are repealed and the following Schedule inserted in their stead:—

 

“THE THIRD SCHEDULE.

Rates of Deductions.

Column 1.

Column 2.

Where the salary or wages in respect of any week or part of a week—

The amount of the deduction in respect of that week or part of a week shall be—

Exceeds.

But does not exceed.

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(yii)

In the case of an employee without dependants.

In the case of an employee with one dependant.

In the case of an employee with two dependants.

In the ease of an employee with three dependants.

In the case of an employee with four dependants.

In the case of an employee with five dependants.

In the case of an employee with sis dependants.

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The Third Schedule—continued.

Rates of Deductions—continued.

Column 1.

Column 2.

Where the salary or wages in respect of any week or part of a week—

The amount of the deduction in respect of that week or part of a week shall be—

Exceeds.

But does not exceed.

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

In the case of an employee without dependants.

In the case of an employee with one dependant.

In the case of an employee with two dependants.

In the case of an employee with three dependants.

In the case of an employee with four dependants.

 

In the case of an employee with five dependants.

In the case of an employee with six dependants.

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______________

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

Overview

The Statutory Rules of 1942 No. 339, under the Income Tax Assessment Act 1936-1942, were introduced to amend the existing Income Tax Regulations to reflect changes in tax rates and structures required for the war effort. These Regulations were made by the Governor-General in Council under the authority of the Commonwealth of Australia. The policy objective of these amendments was to adjust the tax deductions and allowances for both individuals and companies in order to reflect the economic realities of the time, including the need to increase revenue to fund the war effort while also providing some relief to taxpayers with dependants. These changes included modifying the rates of deductions based on salary levels and the number of dependants, as well as altering specific tax allowances and repealing certain sections of the Regulations that were no longer applicable.

Scope and Application

The Income Tax Regulations 1942, made under the Income Tax Assessment Act 1936-1942, govern the procedures and requirements for the filing of income tax returns by individuals and companies. These Regulations apply to all individuals and entities, including companies, who are required to file income tax returns within the Commonwealth of Australia. The Regulations cover a wide range of topics, including the format and timing of tax returns, the calculation of tax payable or refundable, and the procedures for making claims and obtaining refunds. The Regulations also set out the rates of tax deductions for employees based on their salary or wages and the number of dependants they claim. While the Regulations primarily focus on the domestic income tax system, they also interact with other legislative instruments and international agreements to ensure consistency and compliance with broader tax policies. The Regulations can be amended or extended through subordinate instruments, such as legislative instruments, to reflect changes in tax laws or administrative practices.

Key Provisions

These regulations, which are made under the Income Tax Assessment Act 1936-1942, primarily focus on amending the Income Tax Regulations, with the amendments coming into effect on the first day of August, 1942. Specifically, these regulations address changes to concessional allowances for individuals and companies (Reg. 2, 3, 4), rates of deductions for employees (Reg. 54a, 54b), the manner in which employees must furnish declarations to obtain tax certificates (Reg. 54e), and the repeal of Part VIIa of the Income Tax Regulations (Reg. 8). Additionally, these regulations introduce new schedules to replace the Third and Fourth Schedules, detailing rates of deductions for employees with varying salary levels and dependants (Schedule). The obligations and requirements imposed by these regulations are primarily directed towards taxpayers, employers, and employees. For taxpayers, the regulations mandate specific forms and declarations to be completed and submitted to the relevant authorities. Employers are required to calculate and deduct taxes from their employees' wages based on the amended rates provided in the regulations, particularly for employees with and without dependants. Employees must declare the number of dependants they have, which will influence the amount of tax deducted from their wages. The regulations also detail how employees should furnish declarations to obtain tax certificates, ensuring the correct application of tax rates. Failure to comply with these regulations can result in various consequences. For instance, employers who do not correctly calculate and deduct taxes as per the regulations may face penalties or fines. Employees who fail to accurately declare their dependants may also face penalties. Additionally, any non-compliance with the mandated forms and declarations could result in further administrative or legal repercussions. The specific penalties and consequences for non-compliance are not detailed within these regulations but would be outlined in the broader Income Tax Assessment Act 1936-1942 or other relevant legislative instruments.

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Area of Law
Taxation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations

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