Tax Legislation Amendment Act 1992

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Tax Legislation Amendment Act 1992

No. 197 of 1992

An Act to amend the law relating to taxation

[Assented to 21 December 1992]

The Parliament of Australia enacts:

 

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Tax Legislation Amendment Act 1992.

Commencement

2.(1) This Part and Divisions 1 and 2 of Part 2 commence on 1 July 1994.

(2)    Division 3 of Part 2 commences on 1 July 1995.

(3)    Division 4 of Part 2 commences on 1 July 1996.

PART 2—AMENDMENTS OF THE INCOME TAX RATES ACT 1986 TO GIVE EFFECT TO PERSONAL TAX CUTS

Division 1—Principal Act

Principal Act

3. In this Part, "Principal Act" means the Income Tax Rates Act 19861.

Division 2—Tax cuts for 1994-95

Schedule 7

4.(1) The Principal Act is amended:

(a) by omitting the table in Part I of Schedule 7 and substituting the following table:

" Column 1

Column 2

Parts of taxable income of resident taxpayer

% rate

The part of the taxable income that:

 

exceeds $5,400 but does not exceed $20,700.........................

20%

exceeds $20,700 but does not exceed $38,000........................

34%

exceeds $38,000 but does not exceed $50,000........................

43%

exceeds $50,000...........................................

47% ";

(b) by omitting the table in Part II of Schedule 7 and substituting the following table:

" Column 1

Column 2

Parts of taxable income of non-resident taxpayer

% rate

The part of the taxable income that:

 

does not exceed $20,700........................................

29%

exceeds $20,700 but does not exceed $38,000..........................

34%

exceeds $38,000 but does not exceed $50,000..........................

43%

exceeds $50,000..............................................

47% ";

(2) The amendments made by subsection (1) apply to assessments in respect of income of the 1994-95 year of income.

Division 3—Tax cuts for 1995-96

Schedule 7

5.(1) The Principal Act is amended:

(a) by omitting the table in Part I of Schedule 7 and substituting the following table:

" Column 1

Column 2

Parts of taxable income of resident taxpayer

% rate

The part of the taxable income that:

 

exceeds $5,400 but does not exceed $20,700...........................

20%

exceeds $20,700 but does not exceed $38,000..........................

32%

exceeds $38,000 but does not exceed $40,000..........................

36.5%

exceeds $40,000 but does not exceed $50,000..........................

41.5%

exceeds $50,000.............................................

47% ";

(b) by omitting the table in Part II of Schedule 7 and substituting the following table:

" Column 1

Column 2

Parts of taxable income of non-resident taxpayer

% rate

The part of the taxable income that:

 

does not exceed $20,700.......................................

29%

exceeds $20,700 but does not exceed $38,000..........................

32%

exceeds $38,000 but does not exceed $40,000..........................

36.5%

exceeds $40,000 but does not exceed $50,000..........................

41.5%

exceeds $50,000.............................................

47% ".

(2) The amendments made by subsection (1) apply to assessments in respect of income of the 1995-96 year of income.

Division 4—Tax cuts for 1996-97 and later years

Schedule 7

6.(1) The Principal Act is amended:

(a) by omitting the table in Part I of Schedule 7 and substituting the following table:

" Column 1

Column 2

Parts of taxable income of resident taxpayer

% rate

The part of the taxable income that:

 

exceeds $5,400 but does not exceed $20,700...........................

20%

exceeds $20,700 but does not exceed $40,000..........................

30%

exceeds $40,000 but does not exceed $50,000..........................

40%

exceeds $50,000.............................................

47% ";

(b) by omitting the table in Part II of Schedule 7 and substituting the following table:

" Column 1

Column 2

Parts of taxable income of non-resident taxpayer

% rate

The part of the taxable income that:

 

does not exceed $20,700........................................

29%

exceeds $20,700 but does not exceed $40,000..........................

30%

exceeds $40,000 but does not exceed $50,000..........................

40%

exceeds $50,000.............................................

47% ".

(2) The amendments made by subsection (1) apply to assessments in respect of income of the 1996-97 year of income and of all subsequent years of income.

NOTE

1. No. 107, 1986, as amended. For previous amendments, see Nos. 60 and 138, 1987; Nos. 11, 78 and 118, 1988; Nos. 70, 98 and 106, 1989; No. 87, 1990; Nos. 48, 100 and 216, 1991; and No. 98, 1992.

[Minister's second reading speech made in

House of Representatives on 16 September 1992

Senate on 9 November 1992]

Overview

The Tax Legislation Amendment Act 1992, enacted by the Parliament of Australia, was designed to amend the law relating to taxation, specifically targeting the income tax rates to provide personal tax cuts. The Act came into effect on various dates between 1 July 1994 and 1 July 1996, depending on the division, and applies to income assessments from the 1994-95 financial year onwards. The primary objective of this Act was to reduce the tax burden on individuals by lowering the income tax rates for both resident and non-resident taxpayers. The changes introduced in the Act progressively reduced the tax rates for different income brackets over the specified periods, as outlined in the respective divisions of the Act.

Scope and Application

The Tax Legislation Amendment Act 1992 is an Act of the Parliament of Australia that aims to amend the law relating to taxation. Specifically, it makes changes to the Income Tax Rates Act 1986, adjusting tax rates for different income brackets for both resident and non-resident taxpayers. The Act applies to individuals and entities with taxable income, setting forth new tax rates effective from various dates starting in the 1994-95 year of income and continuing for subsequent years. The amendments introduced by the Act are designed to reflect personal tax cuts, which are phased in over the specified periods. The Act operates at the Commonwealth level, impacting taxpayers across Australia, but it does not specify any exclusions, exemptions, or thresholds beyond the income brackets detailed in the Act. The application of the Act may be further extended or restricted through subordinate instruments, although the primary Act itself does not detail any such provisions.

Key Provisions

The Tax Legislation Amendment Act 1992 (C2004A04488) makes amendments to the Income Tax Rates Act 1986 to effect personal tax cuts over a series of years. The primary sections involved in these amendments are sections 3 to 6, which detail the changes to the tax rates for residents and non-residents for the financial years 1994-95, 1995-96, and 1996-97 onwards. These amendments involve substituting new tax rate tables into the Principal Act, effectively reducing the tax rates for various income brackets for both residents and non-residents. The Act imposes specific obligations on taxpayers and tax administrators. For taxpayers, it requires adherence to the new tax rates as outlined in the amended schedules for the respective financial years. The new rates must be applied when calculating taxable income for the purposes of assessments for the specified years. For tax administrators, the Act necessitates the updating of relevant systems and processes to reflect the new tax rates and ensure that assessments are made correctly according to the amended schedules. The Act does not explicitly detail offences, penalties, or consequences for breaches within its text. However, it is implicit that any failure to comply with the new tax rates as stipulated would be subject to the existing provisions of the Income Tax Rates Act 1986 and other relevant tax laws. Generally, under Australian tax law, non-compliance can result in a range of penalties, including fines, interest on unpaid taxes, and in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, as well as any applicable provisions in other tax-related legislation.

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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.