SALES TAX (No. 7).
No. 38 of 1936.
An Act to amend the Sales Tax Act (No. 7) 1930-1931.
[Assented to 29th September, 1936.]
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 Sales Tax Act (No. 7) 1936.
(2.) The Sales Tax Act (No. 7) 1930-1931 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Sales Tax Act (No. 7) 1930-1936.
Imposition of tax.
2. Section three of the Principal Act is amended by omitting all the words after the word “the” (first occurring) and inserting in their stead the words “rates specified hereunder upon the sale value of goods imported into Australia and sold by a taxpayer not being the importer of the goods:—
Where the goods are so sold— | Rate of tax. |
prior to 11th July, 1931............. | 2½ per centum |
during the period commencing on the 11th July, 1931, and terminating on the 25th October, 1933 | 6 per centum |
during the period commencing on the 26th October, 1933, and terminating on the 10th September, 1936 | 5 per centum |
on and from the 11th September, 1936... | 4 per centum”. |
Overview
The Sales Tax Act (No. 7) 1936 was enacted to amend the Sales Tax Act (No. 7) 1930-1931, addressing the need to update and refine the tax rates on sales of imported goods within Australia. This Act was assented to on 29th September, 1936, by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to adjust the tax rates applied to the sale value of imported goods, reflecting the evolving economic conditions and fiscal policies of the time. By amending the Principal Act, this legislation aimed to ensure that the taxation system remained fair and effective in generating revenue for the Commonwealth.
Scope and Application
The Sales Tax Act (No. 7) 1936 applies to sales transactions involving the import of goods into Australia by entities or individuals who are not the original importers of those goods. The Act amends the Sales Tax Act (No. 7) 1930-1931, collectively referred to as the Sales Tax Act (No. 7) 1930-1936, and modifies the rates of tax applicable to such sales. The amended tax rates range from 2½ per cent to 6 per cent, depending on the period during which the goods were sold. The Act's jurisdictional reach is national, applying across Australia as a Commonwealth legislation. There are no stated exclusions or exemptions within the provided text, and it does not mention any thresholds that might limit its application. The Act may be further defined or extended through subordinate instruments, although this is not detailed in the excerpt.
Key Provisions
The Sales Tax Act (No. 7) 1936 amends the Sales Tax Act (No. 7) 1930-1931 by altering the tax rates on the sale value of goods imported into Australia and sold by a taxpayer who is not the importer of the goods. Specifically, section 2 of the Act modifies the tax rates to reflect changes over time, with rates set at 2½ per centum prior to 11th July 1931, 6 per centum from 11th July 1931 to 25th October 1933, 5 per centum from 26th October 1933 to 10th September 1936, and 4 per centum from 11th September 1936 onwards.
The Act imposes clear obligations on taxpayers who are involved in the sale of imported goods. These obligations include the accurate calculation and payment of sales tax at the specified rates, depending on the period during which the sale occurs. Taxpayers must ensure that they are aware of the applicable tax rates and that they account for the tax in the sale value of the goods. This involves maintaining records and documentation that support the tax calculations and payments made, as well as complying with any additional requirements stipulated by the Act or related regulations.
Breaching the obligations imposed by the Sales Tax Act (No. 7) 1936 can lead to various legal consequences. The Act does not explicitly state specific offences or penalties within the provided excerpt, but it is generally understood that non-compliance with tax laws can result in civil or criminal penalties under broader tax legislation. Typically, such penalties may include fines, interest on unpaid taxes, and potential legal action to recover the owed amounts. In severe cases, individuals or entities may face prosecution, leading to further penalties such as imprisonment, depending on the severity and intent behind the non-compliance.