Income Tax Regulations (Amendment)

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STATUTORY RULES

1966 No.

 

REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1936-1966.*

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 1936-1966.

Dated this eleventh day of November, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

Treasurer.

 

Amendments of the Income Tax Regulations†

Parts.

1. Regulation 2 of the Income Tax Regulations is amended by omitting the words—

“Division 3.—Provisional Tax (Regulation 54ze).”

and inserting in their stead the words—

“Division 3.—Provisional Tax (Regulations 54ze—54zea).”.

Organizations prescribed for purposes of section 23 (x) and (y).

2. Regulation 4ab of the Income Tax Regulations is amended by omitting from, sub-regulation (2.) the words “and social services contribution”.

 

* Notified in the Commonwealth Gazette on , 1966.

† Statutory Rules 1936, No. 94, as amended by Statutory Rules 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 and 96; 1957, Nos. 39 and 74; 1958, Nos. 27 and 70; 1959, Nos. 25 and 81; 1960, Nos. 44 and 74; and 1962, Nos. 15 and 44 and 112 and 1963, Nos. 53 and 92; 1964, Nos. 74, 121 and 134; and 1965, Nos. 133 and 187.

13977/66.—Price 8c (9d.) 10/28.10.1966


3. After regulation 6 of the Income Tax Regulations the following regulation is inserted:—

Prescribed institutions of advanced education for the purposes of section 78 (1.) (a) (xliii).

“7. For the purposes of sub-paragraph (xliii) of paragraph (a) of sub-section (1.) of section 78 of the Act, each of the institutions specified in the Fifth Schedule to these Regulations is an institution of advanced education.”.

How tax may be paid.

4. Regulation 44 of the Income Tax Regulations is amended by omitting from paragraph (b) the words “postal note” and inserting in their stead the words “postal order”.

How amounts may be paid to Commissioner.

5. Regulation 54g of the Income Tax Regulations is amended by omitting from paragraph (b) the words “postal note” and inserting in their stead the words “postal order”.

6. After regulation 54ze of the Income Tax Regulations the following regulation is inserted in Division 3 of Part VI.:—

Provisional tax for year of income 1966-1967.

“54zea.—(1.) This regulation applies to a taxpayer to whose income Division 16 of Part III. of the Act applies in respect of the year of income that ended on the thirtieth day of June, 1966.

“(2.) For the purposes of sub-section (2.) of section 221yc of the Act, the provisional tax otherwise payable, in respect of income of the year of income ending on the thirtieth day of June, 1967, by a taxpayer to whom this regulation applies shall be decreased—

(a) in a case where the provisional income of the taxpayer in respect of that year of income is equal to his taxable income for the year next preceding that year of income—by the amount, if any, by which the amount of the income tax assessed in respect of the taxable income of that next preceding year is greater than the amount of income tax that would be assessed in respect of that taxable income if that income tax were to be assessed at the appropriate rates of tax declared by sub-section (2.) of section 6 of the Income Tax Act 1966; or

(b) in any other case—by the amount, if any, by which the amount of income tax that would have been assessed in respect of the taxable income of that next preceding year if that taxable income had been equal to the provisional income is greater than the amount of income tax that would be assessed in respect of a taxable income equal to the provisional income if that income tax were to be assessed at the appropriate rate of tax declared by sub-section (2.) of section 6 of the Income Tax Act 1966.”.

How deductions may be paid to Commissioner.

7. Regulation 54zj of the Income Tax Regulations is amended by omitting from paragraph (b) the words “postal note” and inserting in their stead the words “postal order”.


Fifth Schedule.

8. The Income Tax Regulations are amended by adding at the end thereof the following. Schedule:—

THE FIFTH SCHEDULE. Regulation 7.

New South Wales—

Hawkesbury Agricultural College

New South Wales College of Occupational Therapy

New South Wales Institute of Technology

School of Physiotherapy at the Royal Prince Alfred Hospital

Speech Therapy Training School at the Royal Alexandra Hospital for Children

The New South Wales College of Nursing

Wagga Agricultural College

Victoria—

Bendigo Technical College

Burnley Horticultural College

Caulfield Technical College

College of Nursing, Australia

Dookie Agricultural College

Footscray Technical College

Longerenong Agricultural College

Preston Technical College

Royal Melbourne Institute of Technology

School of Forestry, Creswick

The Emily McPherson College of Domestic Economy

The Gordon Institute of Technology

The Occupational Therapy School of Victoria

The Physiotherapy School of Victoria

The School of Mines and Industries, Ballarat

The Swinburne Technical College

The Victorian School of Speech Therapy

Victoria Institute of Colleges

Victorian College of Pharmacy

Yallourn Technical College

Queensland—

Queensland Agricultural College, Lawes

Queensland Conservatorium of Music, Brisbane

Queensland Institute of Technology, Brisbane

Queensland Institute of Technology, Capricornia

Queensland Institute of Technology, Darling Downs

South Australia—

South Australian Institute of Technology

South Australian School of Art

Western Australia—

School of Mines of Western Australia

The Royal Perth Hospital School of Occupational Therapy

The School of Physiotherapy

The Western Australian Institute of Technology

Tasmania—

Burnie Technical College

Hobart Technical College

Launceston Technical College

Tasmanian College of Advanced Education

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Statutory Rules 1966 No. 196, made under the Income Tax Assessment Act 1936-1966, was enacted to address specific administrative and procedural issues related to income tax regulations. This legislative instrument, issued by the Governor-General on behalf of the Commonwealth of Australia and advised by the Federal Executive Council, amends existing regulations to refine the mechanisms for provisional tax payments, the definition of prescribed institutions of advanced education, and the methods for tax and deduction payments. The policy objective is to ensure the efficient and accurate administration of income tax laws by providing clarity and updating procedures in response to changes in fiscal policy and administrative practices. This regulation also seeks to ensure that the tax system remains fair and equitable by adjusting tax assessments based on changes in provisional income. The regulations provide detailed amendments to existing rules, including changes to the payment methods for taxes and deductions, the definition of institutions eligible for specific tax deductions, and the structure of provisional tax payments. The regulations also list specific institutions of advanced education in various states and territories, clarifying their eligibility for certain tax benefits. This legislative instrument reflects a commitment to maintaining an updated and effective tax system that aligns with the evolving needs of the Australian economy and society.

Scope and Application

The Statutory Rules 1966 No. 197, made under the Income Tax Assessment Act 1936-1966, amend the Income Tax Regulations to introduce changes in the context of provisional tax and other tax-related procedures for the financial year ending on 30 June 1967. These regulations apply to taxpayers whose income is subject to Division 16 of Part III of the Act, effectively modifying the provisional tax provisions for the year of income ending on 30 June 1967. The amendments include adjustments to specific regulations pertaining to tax payments, including replacing references to "postal notes" with "postal orders" for payments to the Commissioner. Furthermore, the regulations introduce new provisions for prescribed institutions of advanced education and their recognition under section 78(1)(a)(xliii) of the Act. The changes are applicable across Australia and are intended to streamline tax processes and ensure compliance with the Income Tax Assessment Act. The regulations do not explicitly state any exclusions or thresholds but are designed to operate within the broader framework of the Act and its subsidiary instruments.

Key Provisions

The key sections of the Statutory Rules 1966 No. 193 concern amendments to the Income Tax Regulations, specifically those under the Income Tax Assessment Act 1936-1966. Regulation 2 modifies the division regarding provisional tax by replacing Regulation 54ze with Regulations 54ze-54zea, which applies to taxpayers whose income is subject to Division 16 of Part III of the Act for the year ending 30 June 1966 (Sections 1 and 6). Regulation 4ab is altered to remove the phrase "and social services contribution" from sub-regulation (2) (Section 2). Regulation 7 introduces a new category of prescribed institutions of advanced education for the purposes of section 78(1)(a)(xliii) (Section 3). Regulations 44, 54g, and 54zj adjust the methods for paying tax, amounts, and deductions to the Commissioner by substituting "postal order" for "postal note" (Sections 4, 5, and 7). Additionally, a new regulation, 54zea, is inserted to decrease provisional tax for the year ending 30 June 1967 under specific conditions (Section 6). These regulations impose various obligations on taxpayers and institutions of advanced education. Taxpayers must adhere to the new provisional tax provisions and ensure their tax payments are made via postal orders. Institutions of advanced education, newly listed in the Fifth Schedule, must comply with the regulations pertaining to their tax status and any related obligations under the Income Tax Assessment Act. The Commissioner of Taxation is also impacted, as these regulations dictate the methods through which tax payments and deductions must be received. The Statutory Rules 1966 No. 193 do not explicitly outline offences, penalties, or specific consequences for breaches of these regulations. However, general provisions under the Income Tax Assessment Act 1936-1966 may apply. Breaches of tax regulations could lead to penalties, including fines and imprisonment for criminal offences, as well as civil penalties for non-compliance. The exact penalties would depend on the nature and severity of the breach, as stipulated in the broader tax legislation.

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