SALES TAX (No. 9).
No. 72 of 1951.
An Act to amend the Sales Tax Act (No. 9) 1930–1950.
[Assented to 11th December, 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 Sales Tax Act (No. 9) 1951.
(2.) The Sales Tax Act (No. 9) 1930–1950, as amended by this Act, may be cited as the Sales Tax Act (No. 9) 1930–1951.
Commencement.
2. This Act shall be deemed to have come into operation on the twenty-seventh day of September, One thousand nine hundred and fifty-one.
3. Sections three and four of the Sales Tax Act (No. 9) 1930–1950 are repealed and the following sections inserted in their stead:—
Imposition of tax.
“3. Sales tax is imposed, at the rates specified in the next succeeding section, upon the sale value of goods in Australia (including goods which have gone into use or consumption in Australia) leased, on or after the twenty-seventh day of September, One thousand nine hundred and fifty-one, by a taxpayer to a lessee.
Rates of tax.
“4. The rates of the sales tax are—
(a) in respect of goods covered by the Second Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1951—20 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–3951—25 per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1951—33⅓ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1951—50 per centum;
(e) in respect of goods covered by the Sixth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1951—66⅔ per centum; and
(f) in respect of goods not covered by the Second, Third, Fourth, Fifth or Sixth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1951 and on the sale value of which it is not provided by that Act that sales tax shall not be payable—12½ per centum.”.
Saving.
4. The sales tax imposed by the provisions repealed by this Act upon the sale value of goods in Australia (including goods which have gone into use or consumption in Australia) leased, on or after the thirteenth day of October, One thousand nine hundred and fifty, and before the date of commencement of this Act, by a taxpayer to a lessee continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax Act (No. 9) 1951 was enacted by the Parliament of Australia to amend the Sales Tax Act (No. 9) 1930–1950, addressing the need for updated tax rates and regulations on sales of goods within Australia. The Act introduces new tax rates for different categories of goods, ranging from 12½ per centum to 66⅔ per centum, and maintains the existing tax on sales of goods leased between specified dates. The policy objective of this Act is to ensure the sales tax regime remains effective and reflective of economic conditions, thereby providing a stable and predictable taxation environment. The Act ensures that sales tax imposed on goods leased within a certain timeframe continues to apply, preserving the integrity of existing tax agreements and obligations.
Scope and Application
The Sales Tax Act (No. 9) 1951 amends the Sales Tax Act (No. 9) 1930–1950 to impose a sales tax on the sale value of goods in Australia, including those that have gone into use or consumption within the country, which are leased by a taxpayer to a lessee on or after the specified date of 27 September 1951. The tax is applicable to a broad range of goods and applies to any transactions taking place within the geographical boundaries of Australia. The Act specifies various rates of sales tax, which depend on the classification of the goods in question, as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1951. These rates vary from 12½ per centum to 66⅔ per centum. Notably, the Act also preserves the sales tax imposed on certain leases that occurred prior to its commencement date, ensuring continuity in tax obligations for those transactions. The application of this legislation is further defined and detailed through subordinate instruments, which may provide additional classifications, exemptions, or specific operational guidelines.
Key Provisions
The main operative sections of the Sales Tax (No. 9) 1951 Act are Sections 3 and 4, which detail the imposition of sales tax and the rates applicable to various categories of goods. Section 3 (3) imposes sales tax on the sale value of goods leased in Australia on or after 27 September 1951, by a taxpayer to a lessee. Section 4 (4) specifies the tax rates, which vary from 12½ per centum to 66⅔ per centum, depending on the category of goods as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1951.
The Act imposes several obligations on the parties involved. Primarily, taxpayers are required to calculate and remit the sales tax on the sale value of goods leased in accordance with the rates specified. These calculations must be made based on the classification of goods as defined in the Sales Tax (Exemptions and Classifications) Act 1935–1951. Additionally, taxpayers must ensure that any sales tax imposed under the repealed provisions, for leases made between 13 October 1950 and the commencement date of this Act, continues to be paid as if the repeal had not occurred.
The Act also delineates specific offences, penalties, or consequences for non-compliance. Although the exact penalties are not detailed within the provided excerpt, breaches of the sales tax obligations typically attract fines and other legal repercussions. The severity of these penalties may vary depending on the extent of non-compliance and whether it is deemed wilful or inadvertent. It is essential for taxpayers to adhere strictly to the provisions of the Act to avoid potential legal consequences.