LAND TAX ASSESSMENT.
No. 28 of 1951.
An Act to amend the Land Tax Assessment Act 1910-1950.
[Assented, to 16th November, 1951.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—
Short title and citation.
1.—(1.) This Act may be cited as the Land Tax Assessment Act 1951.
(2.) The Land Tax Assessment Act 1910-1950* is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Land Tax Assessment Act 1910-1951.
Commencement.
2. This Act shall be deemed to have come into operation on the first day of July, One thousand nine hundred and fifty-one.
Tenure and salary of. Commissioner and Assistant Commissioner.
3. Section five of the Principal Act is amended by omitting sub-section (5.) and inserting in its stead the following sub-section :—
“(5.) There is payable to the Commissioner a salary at the rate of Four thousand pounds a year and to the Assistant Commissioner a salary at the rate of Three thousand pounds a year, out of the Consolidated Revenue Fund, which is appropriated accordingly.”.
Land owned by companies.
4. Section thirty-nine of the Principal Act is amended—
(a) by omitting from paragraph (a) of the proviso to sub-section (2.) the words “One hundred pounds” and inserting in their stead the words “Two hundred pounds”; and
(b) by omitting from paragraph (b) of the proviso to sub-section (2.) the words “Five hundred pounds” and inserting in their stead the words “One thousand pounds”.
Application of amendments.
5. The amendments effected by the last preceding section shall apply to all assessments for the financial year which commenced on the first day of July, One thousand nine hundred and fifty-one, and for all subsequent financial years.
Overview
The Land Tax Assessment Act 1951 was enacted to amend the Land Tax Assessment Act 1910-1950, addressing specific gaps and issues that arose in the land tax framework during the preceding period. The Act was assented to on 16th November, 1951, and came into operation on 1st July, 1951. This legislation was introduced by the Parliament of the Commonwealth of Australia, aiming to adjust and refine the land tax regime to better suit the economic and fiscal context of the time. Among other amendments, the Act revises the tenure and salary of the Commissioner and Assistant Commissioner, and modifies the thresholds for land owned by companies to better reflect economic conditions and tax policy objectives of the period.
Scope and Application
The Land Tax Assessment Act 1951 applies to the assessment and taxation of land in the Commonwealth of Australia. This Act amends the earlier Land Tax Assessment Act 1910-1950, now referred to as the Principal Act, which is amended by this 1951 Act. The scope of the legislation includes the amendment of specific sections, such as the tenure and salary of the Commissioner and Assistant Commissioner, and adjustments to the thresholds for land owned by companies. The amendments apply to all assessments for the financial year commencing on 1 July 1951 and for all subsequent financial years. There are no stated exclusions or exemptions within the provided text, and the amendments are directly integrated into the Principal Act, with no indication of further extension or restriction through subordinate instruments. The jurisdictional reach of this Act is confined to the Commonwealth of Australia, impacting land taxation policies across the country.
Key Provisions
The Land Tax Assessment Act 1951 brings several significant amendments to the existing Land Tax Assessment Act 1910-1950. Firstly, the Act modifies the tenure and salaries of the Commissioner and Assistant Commissioner of land tax. Specifically, Section 3 amends the Principal Act by setting the Commissioner's salary at £4,000 per year and the Assistant Commissioner's salary at £3,000 per year, payable from the Consolidated Revenue Fund. These changes are designed to ensure appropriate compensation for these roles, reflecting their responsibilities within the tax administration framework.
Under this Act, there are also amendments to the land tax liabilities of companies. Section 4 of the Act amends Section thirty-nine of the Principal Act, raising the thresholds for tax exemptions for companies. The exemption for companies with a turnover of up to £100 is increased to £200, and the exemption for companies with a turnover of up to £500 is increased to £1,000. These changes aim to provide greater relief for smaller companies and adjust the tax burden according to the company's financial capacity.
The obligations imposed by this Act primarily concern the calculation and payment of land tax for companies based on the new thresholds. Landowners and company directors must ensure they understand these changes to comply with the updated tax requirements. This includes maintaining accurate records of their company's turnover and ensuring that any applicable tax is calculated and paid in accordance with the amended thresholds.
Failure to comply with the provisions of this Act can result in various consequences. While the Act itself does not explicitly state offences, penalties, or consequences for non-compliance, breaches of land tax obligations typically attract penalties under the broader tax legislation. These can include fines, interest on unpaid taxes, and potential legal action to recover the owed amounts. The severity of penalties can depend on the extent of non-compliance and whether it is deemed to be willful or negligent.