Pay-Roll Tax (Territories) Regulations

Legislation au C2004L05756 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1984 No. 173

ISSUED BY THE AUTHORITY OF THE TREASURER

PAY-ROLL TAX (TERRITORIES) REGULATIONS

The purpose of these regulations is to increase the level of exemption for pay-roll tax in the Australian Capital Territory from $120,000 to $130,000 per annum, with effect from 1 January 1984.

Introductory Note

The Pay-roll Tax (Territories) Act 1971 imposes tax in the Australian Capital Territory, at a rate of 5%, on any wages paid or payable by an employer either -

 in the ACT, otherwise than in respect of services rendered wholly in a State or the Northern Territory; or

 outside the ACT for services rendered wholly in the ACT.

Under the provisions of the Pay-roll Tax (Territories) Assessment Act 1971 (the Act) pay-roll tax is payable on a monthly basis, although the Commissioner of Taxation has a discretion to allow payment to be made on a quarterly, half-yearly or annual basis.

Sub-section 16(1) of the Act requires an employer to register and lodge pay-roll tax returns if, during any month, he pays or is liable to pay wages subject to ACT pay-roll tax and his Australia-wide wages payable in that month exceed a rate of $2,250 per week or such higher amount as is prescribed by regulation under the Act.


For the purposes of determining the amount of tax payable by an employer during a full income year, section 14 of the Act authorises a deduction against the employer’s Australia-wide wages paid or payable during the income year equal to the amount (the annual exemption level) prescribed in the Act. The deduction is reduced by $2 for every $3 by which the Australia-wide wages exceed the exemption level. The current annual exemption level is $120,000.

For the purposes of calculating the amount of the tax payable in respect of wages included in a return for a month or other period, sub-section 12(1) of the Act authorises a monthly deduction from those wages of an amount equal to the monthly equivalent of the annual exemption level (referred to as the ‘prescribed amount’). As is the case with the annual exemption level, the prescribed amount, currently $10,000, is reduced by $2 for every $3 by which the wages included in the return exceed the prescribed amount. Where an employer pays wages in the ACT and also in one or more States or the Northern Terriroty, no deduction is allowable unless the employer nominates to the Commissioner a monthly deduction amount which generally bears to the maximum monthly deduction the same proportion as his ACT wages bear to his Australia-wide wages.

An employer is entitled to a refund or rebate of the whole of the pay-roll tax paid or payable by an employer over the course of a financial year if the total wages included in returns required to be furnished under the Act or corresponding State or Northern Territory laws does not exceed the annual exemption level.

A refund or rebate is also made if, over the course of a financial year, there has not been deducted in returns furnished by an employer under the Commonwealth Act or State or Northern Territory laws an amount equal to the annual exemption that would have been allowable if the total Australia-wide pay-roll was related to the Australian Capital Territory.


Comments on the regulations which will give effect to the proposed increase in the exemption level follow. The regulations are the first made under amendments made to the pay-roll tax law in 1982 to enable increases in the exemption level to be effected by regulation. Prior to that, increases were effected by way of amendment to the pay-roll tax law.

By regulation 1 the regulations are to be cited as the Pay-roll Tax (Territories) Regulations.

By virtue of regulation 2, the regulations are deemed to have come into operation on 1 July 1984, thus ensuring that wages included in returns lodged for July 1984 and subsequent months are taxable on the basis of the higher exemption levels. But for this regulation, the regulations would have come into operation on the day on which they were notified in the Gazette.

Regulation 3 is a drafting measure which enables the Pay-roll Tax (Territories) Assessment Act 1971 to be referred to in the Regulations as ‘the Act’.

Regulation 4 increases, from $10,000 to $10,833.33, the amount that is specified under sub-section 12(9) of the Act as the maximum amount that may be deducted per month from the Australia-wide wages that are payable by an ACT employer and are included in a monthly or other periodic pay-roll tax return. The increased amount is the monthly equivalent of the increased annual exemption level of $130,000 prescribed by sub-regulation 5(1).

Sub-regulation 5(1) increases from $120,000 to $130,000 the amount of the maximum annual deduction that may be made from the Australia-wide wages payable by an ACT employer in the 1983-84 financial year and each subsequent financial year. Authority to prescribe that amount by regulation is contained in paragraph 14(4c)(a) of the Act.

By virtue of sub-regulation 5(2), the increased annual deduction will be taken to have applied, in relation to the 1983-84 financial year, to the period that commenced on 1 January 1984 and ended on 30 June 1984. The effect of the sub-regulation is that in the 1983-84 financial year the amount of the maximum annual deduction is $125,000, representing $60,000 (one-half of the previous annual deduction of $120,000) for the period 1 July 1983 to 31 December 1983 and $65,000 (one-half of the increased annual deduction of $130,000) for the period 1 January 1984 to 30 June 1984.

Employers who have lodged returns, including on an annual basis in respect of the 1983-84 financial year will not have received the benefit of the higher monthly exemption. Annual adjustment provisions will allow these employers to obtain the full benefit of the 1 January 1984 starting date for the higher annual exemption.

Under sub-section 16(1) of the Act an employer is required to register for pay-roll tax purposes where total Australia-wide wages paid or payable during any month exceed a rate of $2,250 per week or such higher amount as is prescribed by regulation. Sub-regulation 6(1) increases this rate to $2,500 per week which is the weekly equivalent of the increased annual exemption level of $130,000 (sub-regulation 5(1)). Sub-regulation 6(2) ensures that the increased weekly rate applies from 1 July 1984.

Overview

The Pay-roll Tax (Territories) Regulations 1984 were enacted to address the need for a more flexible approach in adjusting the pay-roll tax exemption levels in the Australian Capital Territory. These regulations were introduced to amend the Pay-roll Tax (Territories) Act 1971 by increasing the annual pay-roll tax exemption from $120,000 to $130,000 per annum, effective from 1 January 1984. The regulations were issued under the authority of the Treasurer and are a response to the amendments made to the pay-roll tax law in 1982, which enabled the exemption levels to be altered by regulation rather than requiring an amendment to the Act itself. This change aimed to provide a more efficient mechanism for updating the exemption levels to reflect economic conditions and policy objectives without the need for legislative amendments. The policy objective of these regulations is to provide relief to employers by increasing the threshold above which pay-roll tax is payable, thus potentially reducing the tax burden on businesses operating within the Australian Capital Territory.

Scope and Application

The Pay-roll Tax (Territories) Regulations 1984 apply to employers operating in the Australian Capital Territory and are made under the Pay-roll Tax (Territories) Act 1971. These regulations specifically address the exemption levels for pay-roll tax, increasing the annual exemption amount from $120,000 to $130,000, effective from 1 January 1984. Employers are required to register and lodge pay-roll tax returns if their Australia-wide wages exceed a certain threshold, currently set at $2,250 per week, which is increased to $2,500 per week under these regulations. The regulations also adjust the monthly exemption levels and provide for annual adjustments to ensure that employers benefit from the higher exemption levels from the commencement date. Employers who have already lodged returns for the 1983-84 financial year will be able to claim the full benefit of the new exemption levels through annual adjustment provisions. The regulations ensure that pay-roll tax is calculated accurately based on the updated exemption levels, reflecting changes in the tax law to accommodate the increased exemption thresholds.

Key Provisions

The Pay-roll Tax (Territories) Regulations 1984, which are intended to implement the increased exemption level for pay-roll tax in the Australian Capital Territory, establish a new annual exemption level of $130,000 (regulation 5(1)). This represents an increase from the previous level of $120,000. Employers are required to register and lodge returns for pay-roll tax if their total Australia-wide wages exceed $2,250 per week, and this threshold is increased to $2,500 per week (regulation 6(1)). Additionally, the monthly deduction from wages, currently set at $10,000, is increased to $10,833.33 (regulation 4), aligning with the new annual exemption level. Employers in the ACT are obligated to register for pay-roll tax if their Australia-wide wages exceed $2,500 per week (regulation 6(1)), and they must lodge pay-roll tax returns if their wages exceed this threshold during any month. Employers must also ensure that they are deducting the correct monthly amount from wages, which is now $10,833.33 (regulation 4). They must also keep accurate records of wages and pay-roll tax payments to facilitate the calculation of any refunds or rebates to which they may be entitled. Failure to comply with the requirements to register and lodge pay-roll tax returns can result in penalties. The specific penalties are not detailed in the regulations but can be severe under the Pay-roll Tax (Territories) Assessment Act 1971. Additionally, employers who do not correctly apply the new exemption levels and deductions may face financial penalties or be required to repay any overpaid tax. The precise penalties would depend on the nature and extent of the non-compliance and would be determined in accordance with the relevant tax laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.