Pay-roll Tax (Territories) Regulations

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F1997B02231 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1986 NO. 189

ISSUED BY THE AUTHORITY OF THE TREASURER PAY-ROLL TAX (TERRITORIES) REGULATIONS

These regulations increase the level of exemption for pay-roll tax in the Australian Capital Territory (ACT) from $170,000 to $200,000 per annum, with effect from 1 July 1986. These regulations repeal the existing regulations, prescribe the higher annual exemption level and make correlative increases in the monthly and weekly exemption levels.

Introductory note

The Pay-roll Tax (Territories) Act 1971 imposes tax in the ACT, 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 normally payable on a monthly basis with the lodgment of monthly returns. However, the Commissioner of Taxation has a discretion to allow lodgment of returns and payments of tax to be made at less frequent intervals.

Sub-section 16(1A) of the Act requires an employer who is not a member of a group constituted pursuant to Part IVA of the Act to register and lodge pay-roll tax returns if, during any month, the employer pays or is liable to pay wages subject to ACT pay-roll tax and the Australia-wide wages payable in that month exceed a rate of $3,269.23 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, other than a group member, 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.

In 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 is reduced by $2 for every $3 by which the wages included in the return exceed the prescribed amount. Where an employer (other than a group member) pays wages in the ACT and also in one or more States or the Northern Territory, 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 the employer’s ACT wages bear to Australia-wide wages.

An employer, who is not a group member, is entitled to a refund or rebate of the whole of the pay-roll tax paid or payable by that employer over the course of a financial year if the total wages included in returns required to a furnished under the Act or corresponding State or Northern Territory laws do 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 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 ACT.

Comments on the regulations which give effect to the increase in the exemption level follow.

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

By virtue of regulation 2, the regulations shall be deemed to have come into operation on 1 July 1986 thus ensuring that taxable wages included in returns lodged for July 1986 and subsequent months receive the benefit 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 $14,166.67 to $16,666.67, 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 employer other than a group member 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 $200,000 prescribed by regulation 5.

Regulation 5 increases from $170,000 to $200,000 the amount of the maximum annual deduction that may be made from the Australia-wide wages payable by an employer in the 1986-87 financial year and each subsequent financial year. Authority to prescribe that amount by regulation is contained in paragraph 14(4C)(a) of the Act.

Under sub-section 16(1A) of the Act an employer liable to pay ACT-related wages is required to register for pay-roll tax purposes where that employer is not a group member and total Australia-wide wages paid or payable during any month exceed a rate of $3,269.23 per week or such higher amount as is prescribed by regulation. Sub-regulation (6)(1) increases this rate to $3,846.15 per week which is the weekly equivalent of the increased annual exemption level of $200,000 (regulation 5). Sub-regulation 6(2) ensures that the increased weekly rate applies as from 1 July 1986.

Regulation 7, in conjunction with regulation 2, repeals the former regulations upon the commencement of these regulations as from 1 July 1986.

Overview

The Pay-roll Tax (Territories) Regulations 1986 were issued under the authority of the Treasurer to amend the level of exemption for pay-roll tax in the Australian Capital Territory (ACT). These regulations were introduced to increase the annual exemption threshold for pay-roll tax from $170,000 to $200,000, effective from 1 July 1986. This change was made to align the exemption levels with the increasing costs of employing staff and to provide some relief to businesses operating in the ACT. The regulations also adjusted the monthly and weekly exemption levels to reflect the new annual threshold and updated the registration threshold for employers to $3,846.15 per week. The objective of these changes is to ensure that the pay-roll tax system remains fair and equitable for businesses in the ACT.

Scope and Application

The Pay-roll Tax (Territories) Regulations 1986 pertain to the regulation of pay-roll tax in the Australian Capital Territory (ACT) and modify the exemption levels established under the Pay-roll Tax (Territories) Act 1971. These regulations apply to employers who are not members of a group constituted under Part IVA of the Act and who are liable to pay wages subject to ACT pay-roll tax. The regulations prescribe the exemption levels and the intervals at which returns may be lodged and tax paid, increasing the annual exemption level from $170,000 to $200,000, effective from 1 July 1986. The regulations also increase the monthly and weekly exemption levels accordingly. They repeal the existing regulations and make correlative adjustments to ensure consistency with the new exemption levels. The scope of these regulations is limited to the ACT, and they are intended to facilitate compliance with the pay-roll tax obligations under the relevant Act.

Key Provisions

The Pay-roll Tax (Territories) Regulations 1986, which came into effect on 1 July 1986, primarily adjust the exemption levels for payroll tax in the Australian Capital Territory (ACT). Regulation 5 raises the annual exemption level from $170,000 to $200,000 for wages subject to ACT payroll tax. This change was made to reflect the increased threshold for when employers must begin to pay payroll tax on wages. Regulation 4 increases the monthly exemption level from $14,166.67 to $16,666.67, aligning with the new annual exemption level. Regulation 6 sets the weekly threshold at $3,846.15, which is the weekly equivalent of the new annual exemption. Employers in the ACT are subject to specific obligations under these regulations. Any employer not part of a group as defined in Part IVA of the Pay-roll Tax (Territories) Assessment Act 1971 must register for payroll tax if their Australia-wide wages exceed $3,846.15 per week. Additionally, employers are required to lodge payroll tax returns monthly, although the Commissioner of Taxation may allow less frequent lodgment under certain conditions. Employers are also entitled to a refund or rebate if their total wages for the financial year do not exceed the annual exemption level. Breaching the requirements set out in these regulations can result in various penalties. Employers who fail to register when required, or who do not lodge the correct payroll tax returns, may face enforcement actions. The precise penalties for non-compliance are not detailed in the regulations themselves but would typically be found in the governing Act or other relevant legislation. Generally, penalties for such breaches could include fines or other financial penalties, and in severe cases, criminal charges may be applicable. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the broader legislative framework governing payroll tax in the ACT.

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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.