INCOME TAX REGULATIONS 1936 [REPEALED]

PART 1 - PRELIMINARY  

REGULATION 1   1   NAME OF REGULATIONS  
These Regulations are the Income Tax Regulations 1936.

REGULATION 2   2   DEFINITIONS  
In these Regulations:

Act
means the Income Tax Assessment Act 1936.

ESS interest
has the meaning given by subsection 83A-10(1) of the Income Tax Assessment Act 1997.

PART 2 - ADMINISTRATION  

REGULATION 3   3   OATH OR DECLARATION BY OFFICERS  
(Repealed by SLI No 36 of 2011)

PART 3 - LIABILITY TO TAXATION  

REGULATION 6   6   PRESCRIBED CLASS OF PERSONS (ACT, SUBSECTION 23AB(2))  
For subsection 23AB(2) of the Act, members of the Australian Federal Police who are members of the force, created by the United Nations, for keeping peace in Cyprus are a prescribed class of persons.

REGULATION 7   7   TERMINATION DATES OF OPERATIONAL AREAS (ACT, SUBSECTION 23AC(7))  
(Repealed by SLI No 39 of 2015)

REGULATION 7A   7A   DECLARATION OF ELIGIBLE DUTY  
For subsection 23AD(2) and subparagraph 23AD(3)(b)(iii) of the Act, duty with an organisation specified in an item of the following table is eligible duty if:


(a) the duty is in an area specified in the item; and


(b) the duty occurs:


(i) after the day specified in column 3 of the item; and

(ii) before the day (if any) specified in column 4 of the item.


Eligible duty
Item Column 1 Organisation Column 2
Area
Column 3
After the day
Column 4 Before the day
1 Australian Defence Force on Operation Accordion The land area, territorial waters, airspace and superjacent airspace of the following countries: 30 June 2014 1 July 2016
(a) the Kingdom of Bahrain;
(b) the State of Qatar;
(c) the United Arab Emirates.
2 Australian Defence Force on Operation Augury The land area, territorial waters, airspace and superjacent airspace of the Hashemite Kingdom of Jordan. 3 July 2014
3 Australian Defence Force on Operation Highroad The land area, territorial waters, airspace and superjacent airspace of Afghanistan. 31 December 2014 1 July 2016
4 Australian Defence Force on Operation Manitou The sea (including adjacent ports and the area within a 10 kilometres radius of such ports) and superjacent airspace of: 30 June 2014 1 July 2016
(a) the Arabian Sea north of latitude 11°00'00"S and west of longitude 68°00'00"E; and
(b) the Gulf of Aden; and
(c) the Gulf of Oman; and
(d) the Persian Gulf; and
(e) the Red Sea; and
(f) the Strait of Hormuz.
5 Australian Defence Force on Operation Okra The following areas: 8 August 2014 1 July 2016
(a) the land area, territorial waters, airspace and superjacent airspace of the following countries:
(i) Albania;
(ii) Bosnia and Herzegovina;
(iii) Bulgaria;
(iv) Croatia;
(v) Cyprus;
(vi) Czech Republic;
(vii) Estonia;
(viii) Hungary;
(ix) Iraq;
(x) Kuwait;
(xi) Montenegro;
(xii) Poland;
(xiii) Romania
(xiv) the Hashemite Kingdom of Jordan;
(xv) the Kingdom of Bahrain;
(xvi) the State of Qatar;
(xvii) the United Arab Emirates;
(b) the waters and superjacent airspace of the Persian Gulf.
6 United Nations - Assistance Mission in Afghanistan (Operation Palate II) The land area, territorial waters, airspace and superjacent airspace of Afghanistan. 26 June 2005 1 January 2016


REGULATION 7B   7B   PRESCRIBED STANDARDS - (ACT, PARAGRAPH 26AFB(2)(c))  
(Repealed by SLI No 89 of 2007)

REGULATION 8   8   APPROVED TRUSTEE  
(Repealed by SLI No 89 of 2007)

REGULATION 8A   8A   INTERDEPENDENCY RELATIONSHIPS (ACT S 27AAB)  
(Repealed by SLI No 89 of 2007)

REGULATION 9   9   PRESCRIBED LIFE TABLES - SUBSECTION 27H(4) OF THE ACT  
For the purposes of the definition of life expectation factor in subsection 27H(4) of the Act, the following Australian Life Tables published by the Australian Government Actuary are prescribed:


(a) for an annuity first commencing to be payable before 1 September 1988 - the Australian Life Tables 1975-1977;


(b) for an annuity first commencing to be payable on or after 1 September 1988 but before 1 May 1993 - the Australian Life Tables 1980-1982;


(c) for an annuity first commencing to be payable on or after 1 May 1993 but before 1 July 1993 - the Australian Life Tables 1985-1987;


(d) for an annuity first commencing to be payable on or after 1 July 1993 - the Australian Life Tables that are most recently published before the year in which the annuity first commences to be payable.

REGULATION 12   EXCLUDED CAR PARKING FACILITIES  

12(1)  
For the purposes of paragraph 51AGA(1)(e) of the Act, the provision of car parking facilities for a car during a period referred to in section 51AGA of the Act is taken to be excluded from that section if:


(a) the facilities are provided to an employee who:


(i) is entitled under the law of a State or Territory to the use of a disabled persons' car parking space; and

(ii) is the driver of, or is a passenger in, the car; and


(b) a valid disabled persons' car parking permit is displayed on the car.

12(1A)  
(Repealed by SLI No 39 of 2015)

12(2)  
In this regulation:

"disabled persons' car parking space"
means a car parking space:


(a) in a public car parking area; and


(b) designated for the exclusive use of disabled persons;

"disabled persons' car parking permit"
means a permit, label or other document:


(a) issued by the appropriate authority in a State or Territory; and


(b) authorising the parking of a car in a disabled persons' car parking space.

REGULATION 12A   12A   MAXIMUM DEDUCTION FOR SUPERANNUATION CONTRIBUTIONS BY ELIGIBLE PERSONS  
(Repealed by SLI No 89 of 2007)

REGULATION 13   13   PRESCRIBED STOCK EXCHANGES  
(Repealed by SLI No 39 of 2015)

REGULATION 14AA   14AA   DEBENTURES ISSUED ON OVERSEAS CAPITAL MARKET (SUBSECTION 128F(8))  
(Repealed by SLI No 39 of 2015)

PART 3A - RISK COMPONENT: LIFE INSURANCE PREMIUM  

REGULATION 14A   14A   INTERPRETATION  
(Repealed by SLI No 89 of 2007)

REGULATION 14B   14B   RISK COMPONENT: TERM INSURANCE POLICY  
(Repealed by SLI No 89 of 2007)

REGULATION 14C   14C   RISK COMPONENT: UNBUNDLED LIFE ASSURANCE POLICY  
(Repealed by SLI No 89 of 2007)

REGULATION 14D  14D   RISK COMPONENT: OTHER LIFE ASSURANCE POLICIES  
(Repealed by SLI No 89 of 2007)

PART 4 - RETURNS AND ASSESSMENTS  

REGULATION 15   15   RETURNS  
(Repealed by SR No 289 of 2001)

REGULATION 16   16   RETURNS BY PERSONS OTHER THAN COMPANIES  
(Repealed by SR No 289 of 2001)

REGULATION 17   17   RETURNS BY COMPANIES  
(Repealed by SR No 289 of 2001)

REGULATION 18   18   SIMPLIFIED RETURN FORMS  
(Repealed by SR No 289 of 2001)

REGULATION 19   19   STATEMENT TO BE FURNISHED BY EMPLOYERS  
(Repealed by SLI No 39 of 2015)

REGULATION 20   20   AMENDMENT OF ASSESSMENTS FOR AN INCOME YEAR  
For a provision of subsection 170(1) of the Act mentioned in an item of the table, the circumstances set out in the item are prescribed.

Note:

If a circumstance in an item of the table exists, the Commissioner of Taxation may amend an assessment of the taxpayer within 4 years after the day on which the Commissioner gives notice of the assessment to the taxpayer, unless a longer amendment period applies to the taxpayer.


Item Provision Circumstance
1 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (e) of item 2 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection 170(1)
All of the following exist:
(a) there has been a transaction involving associates (within the meaning of section 318 of the Act), that has income tax consequences, in the year of income mentioned in the item;
(b) the parties were not dealing with each other at arm's length in relation to the transaction;
(c) the period during which the Commissioner may amend an assessment in relation to one of the parties is at least 4 years.
2 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (e) of item 2 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection 170(1)
All of the following exist:
(a) a private company is taken to have paid a dividend to an entity, as described in section 109C, 109D, 109E or 109F of the Act, in the year of income mentioned in the item;
(b) the entity is:
(i) a shareholder of the company; or
(ii) an associate of a shareholder of the company; or
(iii) a former shareholder of the company; or
(iv) an associate of a former shareholder of the company;
(c) the period during which the Commissioner may amend an assessment in relation to the company is at least 4 years.
3 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection 170(1)
All of the following exist:
(a) the effect of section 109XB of the Act is that an amount is included as a dividend in the assessable income of a taxpayer as described in subsection 109XA(1), (2) or (3) of the Act in the year of income mentioned in the item;
(b) the matter involves a taxpayer who is:
(i) a shareholder of a company; or
(ii) an associate of a shareholder of a company;
(c) the period during which the Commissioner may amend an assessment in relation to both the trust and the company is at least 4 years.
4 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (e) of item 2 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection 170(1)
All of the following exist in the year of income mentioned in the item:
(a) a taxpayer has acquired an ESS interest;
(b) subsection 83A-35(5) of the Income Tax Assessment Act 1997 (integrity rule about share trading and investment companies) did not apply to the ESS interest;
(c) the entity that provided the ESS interest to the taxpayer is not a small business entity in relation to which item 2 or 3 of the table in subsection 170(1) of the Act applies.
5 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (e) of item 2 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection 170(1)
Both of the following exist in the year of income mentioned in the item:
(a) the taxpayer has not identified income (ordinary or statutory) from one or more foreign transactions for the purposes of, or in the course of, an assessment;
(b) the income has not been received from a resident investment vehicle within the meaning of the Income Tax Assessment Act 1997.
6 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (e) of item 2 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection 170(1)
Both of the following exist in the year of income mentioned in the item:
(a) subsection 345(5) of the Act (transfer under a scheme) may be applicable to the taxpayer;
(b) not all of the relevant information regarding the application of that subsection can be obtained from a resident investment vehicle within the meaning of the Income Tax Assessment Act 1997.
7 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (e) of item 2 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection170(1)
Both of the following exist in the year of income mentioned in the item:
(a) paragraph 448(1A)(f) of the Act (provision of services under a scheme) may be applicable to the taxpayer;
(b) not all of the relevant information regarding the application of that paragraph can be obtained from a resident investment vehicle within the meaning of the Income Tax Assessment Act 1997.
8 Paragraph (f) of item 1 of the table in subsection 170(1)
Paragraph (e) of item 2 of the table in subsection 170(1)
Paragraph (d) of item 3 of the table in subsection 170(1)
Any of the following provisions applies in relation to the taxpayer in the year of income mentioned in the item:
(a) section 45A of the Act (streaming of dividends and capital benefits);
(b) section 45B of the Act (schemes to provide certain benefits);
(c) subsection 102AE(7) of the Act (excluded income for minors);
(d) section 177E of the Act (stripping of company profits);
(e) section 177EA of the Act (franking debit creation and franking credit cancellation schemes);
(f) Division 270 of Schedule 2F to the Act (scheme to take advantage of deductions);
(g) subsection 26-50(7) of the Income Tax Assessment Act 1997 (expenses for a leisure facility or boat);
(h) any of sections 165-180 to 165-205 (rules affecting the operation of tests for changing ownership of a company), and Division 175 (use of a company's tax losses or deductions to avoid income tax), of the Income Tax Assessment Act 1997;
(i) Subdivision 207-F of the Income Tax Assessment Act 1997 (cancellation of gross-up or tax offset where the imputation system has been manipulated).
9 Paragraph (f) of item 1 of the table in subsection 170(1) The making of an election under paragraph 96-7(1)(a) or (b) in Schedule 1 to the Taxation Administration Act 1953 in relation to an excess non-concessional contributions determination for a financial year that corresponds to the year of income mentioned in the item.

REGULATION 21   21   SEPARATE RETURNS BY PARTNERS  
(Repealed by SR No 289 of 2001)

REGULATION 22   22   RETURNS BY TRUSTEES  
(Repealed by SR No 289 of 2001)

REGULATION 23   23   RETURNS BY AGENTS  
(Repealed by SR No 289 of 2001)

REGULATION 24   24   NOT SOLE AGENT  
(Repealed by SR No 289 of 2001)

REGULATION 25   25   SPECIAL RETURNS  
(Repealed by SR No 289 of 2001)

REGULATION 26   26   SUBSTANTIALLY SIMILAR FORM  
(Repealed by SR No 289 of 2001)

REGULATION 27   27   IDENTIFICATION OF STATEMENTS ACCOMPANYING RETURNS  
(Repealed by SR No 289 of 2001)

REGULATION 28   28   WHERE TO LODGE RETURNS  
(Repealed by SR No 289 of 2001)

REGULATION 29   29   FURNISHING OF RETURNS BY PARTNERSHIPS AND TRUSTEES  
(Omitted by SR No 462 of 1994)

REGULATION 30   30   FURNISHING OF RETURNS BY NON-RESIDENTS  
(Omitted by SR No 462 of 1994)

REGULATION 31   31   FURNISHING OF RETURNS AS DIRECTED BY COMMISSIONER  
(Omitted by SR No 462 of 1994)

REGULATION 32   32   SOURCE OF MORTGAGE INTEREST  
(Repealed by SR No 289 of 2001)

REGULATION 33   33   TERRITORIES  
(Repealed by SR No 289 of 2001)

REGULATION 34   34   WHEN TAXPAYER TAKEN TO HAVE FURNISHED RETURN  
(Repealed by SR No 289 of 2001)

FORMER REGULATION 35   35   PERSONS MUST ENSURE RETURN IS RECEIVED  
(Repealed by SR No 289 of 2001)

FORMER REGULATION 36   36   NOTICE OF ADDRESS  
(Repealed by SR No 289 of 2001)

FORMER REGULATION 37   37   NOTICE OF CHANGE OF ADDRESS  
(Repealed by SR No 289 of 2001)

FORMER REGULATION 38   38   ADDRESS FOR SERVICE  
(Repealed by SR No 289 of 2001)

FORMER REGULATION 39   39   LAST KNOWN PLACE OF BUSINESS OR ABODE  
(Repealed by SR No 289 of 2001)

FORMER REGULATION 40   40   FAILURE TO NOTIFY CHANGE OF ADDRESS  
(Repealed by SR No 289 of 2001)

REGULATION 41   41   ANNOTATIONS ON RETURNS  
(Repealed by SR No 289 of 2001)

REGULATION 42   42   ELIGIBLE TERMINATION PAYMENTS - ROLL-OVER  
(Omitted by SR No 14 of 1998)

PART 4A - PREFERRED ADDRESS FOR SERVICE AND SERVICE OF DOCUMENTS  

REGULATION 35   35   REFERENCES TO ACT INCLUDE REFERENCES TO 1997 ACT  
(Repealed by SLI No 39 of 2015)

REGULATION 36   36   PREFERRED ADDRESS FOR SERVICE  
(Repealed by SLI No 39 of 2015)

REGULATION 37   37   CHANGE OR WITHDRAWAL OF PREFERRED ADDRESS FOR SERVICE  
(Repealed by SLI No 39 of 2015)

REGULATION 37A   37A   REQUIREMENT TO MAINTAIN A PREFERRED ADDRESS FOR SERVICE  
(Repealed by SLI No 39 of 2015)

REGULATION 38   38   SUBSTITUTE PREFERRED ADDRESS FOR SERVICE  
(Repealed by SLI No 39 of 2015)

REGULATION 39   39   FAILURE TO NOTIFY CHANGE OF ADDRESS  
(Repealed by SLI No 39 of 2015)

REGULATION 40   40   SERVICE OF DOCUMENTS  
(Repealed by SLI No 39 of 2015)

PART 5A - REASONABLE BENEFIT LIMITS  

Division 1 - Preliminary  

REGULATION 46   46   INTRODUCTORY  
(Repealed by SLI No 89 of 2007)

REGULATION 47   47   INTERPRETATION  
(Repealed by SLI No 89 of 2007)

REGULATION 48   48   RULES FOR WORKING OUT ETPS FOR TRANSITIONAL RBL PURPOSES  
(Repealed by SLI No 89 of 2007)

REGULATION 49   49   SPECIAL RULES RELATING TO HAS  
(Repealed by SLI No 89 of 2007)

Division 2 - Specific RBLs  

REGULATION 50   50   INTRODUCTORY  
(Repealed by SLI No 89 of 2007)

REGULATION 51   51   COMMISSIONER MAY DETERMINE RBLs AT HIGHER AMOUNT  
(Repealed by SLI No 89 of 2007)

REGULATION 52   52   RBLs - PERSONS AGED UNDER 45 ON 1 JULY 1994  
(Repealed by SLI No 89 of 2007)

REGULATION 53   53   RBLs - PERSONS AGED AT LEAST 45, BUT UNDER 50, ON 1 JULY 1994  
(Repealed by SLI No 89 of 2007)

REGULATION 53A   53A   RBLs - PERSONS AGED AT LEAST 50 ON 1 JULY 1994  
(Repealed by SLI No 89 of 2007)

REGULATION 53B   53B   AMOUNT OF TRANSITIONAL RBLs  
(Repealed by SLI No 89 of 2007)

REGULATION 53C   53C   REASONABLE BENEFIT LIMIT WHERE AMOUNT IN ADF, LIFE ASSURANCE COMPANY OR REGISTERED ORGANISATION  
(Repealed by SLI No 89 of 2007)

REGULATION 53D   53D   REASONABLE BENEFIT LIMIT WHERE RECIPIENT MEMBER OF CERTAIN FUND ON 15 AUGUST 1989  
(Repealed by SLI No 89 of 2007)

Division 3 - Registration procedure and review of decisions  

REGULATION 53E   53E   REGISTRATION OF TRANSITIONAL RBLs  
(Repealed by SLI No 89 of 2007)

REGULATION 53F   53F   FORM OF REGISTRATION  
(Repealed by SLI No 89 of 2007)

REGULATION 53FA   53FA   REVIEW OF DECISIONS  
(Repealed by SLI No 89 of 2007)

Division 4 - Provisions under Division 14 of Part III of the Act  

REGULATION 53G   53G   INTERPRETATION  
(Repealed by SLI No 89 of 2007)

REGULATION 53H   53H   PENSION VALUATION FACTOR (S 140C OF THE ACT)  
(Repealed by SLI No 89 of 2007)

REGULATION 53J   53J   PENSION AND ANNUITY STANDARDS (ACT S 140L)  
(Repealed by SLI No 89 of 2007)

REGULATION 53K   53K   PAYERS OF BENEFITS - SPECIFIED INFORMATION (ACT S 140M)  
(Repealed by SLI No 89 of 2007)

REGULATION 53L   53L   PAYERS OF ETPs THAT ARE ROLLED-OVER - SPECIFIED INFORMATION (S 140Q OF THE ACT)  
(Repealed by SLI No 89 of 2007)

REGULATION 53M   53M   INTERPRETATION OF SCHEDULES 2A AND 2B  
(Repealed by SLI No 89 of 2007)

PART 6 - TAX FILE NUMBERS  

REGULATION 54   54   INTERPRETATION  
(Repealed by SLI No 39 of 2015)

REGULATION 55   55   FILE NUMBER REPORTS  
(Repealed by SLI No 39 of 2015)

REGULATION 56   56   ANNUAL INVESTMENT INCOME REPORTS  
(Repealed by SLI No 39 of 2015)

REGULATION 56A   56A   PARAGRAPH 202DDB(1)(b) OF THE ACT: CONDITION  
(Repealed by SLI No 39 of 2015)

REGULATION 57   57   REVIEWABLE DECISIONS  
(Repealed by SLI No 39 of 2015)

PART 6A - INVESTMENT BODY REMITTER NUMBERS  

REGULATION 57A   57A   ISSUE OF INVESTMENT BODY REMITTER NUMBERS  
(Repealed by SR No 37 of 2004)

REGULATION 57B   57B   ALTERATION OF INVESTMENT BODY REMITTER NUMBERS  
(Repealed by SR No 37 of 2004)

REGULATION 57C   57C   CANCELLATION OF INVESTMENT BODY REMITTER NUMBERS  
(Repealed by SR No 37 of 2004)

REGULATION 57D   57D   QUOTATION OF INVESTMENT BODY REMITTER NUMBERS  
(Repealed by SR No 37 of 2004)

PART 7 - COLLECTION AND RECOVERY OF TAX  

Division 2 - Eligible termination payments  

Subdivision 1 - Interpretation of Division 2  

REGULATION 69   69   INTERPRETATION  
(Omitted by SR No 72 of 2000)

Subdivision 2 - Rates of Deductions from Salaries or Wages of Employees  

Subdivision 3 - Eligible termination payments  

REGULATION 97   97   DEFINITIONS FOR SUBDIVISIONS 3 AND 3A  
(Repealed by SLI No 89 of 2007)

REGULATION 98   98   FAMILY LAW SUPERANNUATION INTEREST SPLITS - CIRCUMSTANCES RELATING TO INTERESTS FOR NON-MEMBER SPOUSES (ACT S 27ACA ETC)  
(Repealed by SLI No 89 of 2007)

REGULATION 98A   98A   FAMILY LAW SUPERANNUATION INTEREST SPLITS - CIRCUMSTANCES RELATING TO TRANSFERS OF AMOUNTS (ACT S 27ACA ETC)  
(Repealed by SLI No 89 of 2007)

REGULATION 98B   98B   SPOUSE CONTRIBUTIONS-SPLITTING AMOUNTS (ACT S 27A)  
(Repealed by SLI No 89 of 2007)

REGULATION 98C   98C   ELECTION TAKEN TO HAVE BEEN MADE IN RELATION TO A QUALIFYING ETP THAT IS A CONTRIBUTIONS-SPLITTING ETP (ACT S 27D)  
(Repealed by SLI No 89 of 2007)

REGULATION 98D   98D   CONTRIBUTIONS-SPLITTING APPLICATIONS (ACT S 82AAT)  
(Repealed by SLI No 89 of 2007)

FORMER REGULATION 98   98   RATES OF DEDUCTION - ETP  
(Repealed by SR No 72 of 2000)

Subdivision 3A - Eligible termination payments (records to be kept)  

REGULATION 99   99   PAYER MUST GIVE TAXPAYER ETP PRE-PAYMENT STATEMENT  
(Repealed by SLI No 89 of 2007)

REGULATION 99A   99A   CONTENTS OF ETP PRE-PAYMENT STATEMENT  
(Repealed by SLI No 89 of 2007)

REGULATION 99B   99B   TAXPAYER TO GIVE PAYER INSTRUCTIONS  
(Repealed by SLI No 89 of 2007)

REGULATION 99C   99C   INSTRUCTIONS TO MAKE A PAYMENT  
(Repealed by SLI No 89 of 2007)

REGULATION 99D   99D   PAYER TO GIVE RECEIVING FUND AN ETP ROLL-OVER STATEMENT  
(Repealed by SLI No 89 of 2007)

REGULATION 99E   99E   PAYMENT INSTRUCTIONS  
(Repealed by SLI No 89 of 2007)

REGULATION 99F   99F   AGGREGATED AMOUNT OF PRE-JULY 83 COMPONENT AND TAXED ELEMENT OF POST-JUNE 83 COMPONENT  
(Repealed by SLI No 89 of 2007)

REGULATION 99G   99G   APPLIED AMOUNT  
(Repealed by SLI No 89 of 2007)

REGULATION 99H   99H   ETP ROLL-OVER STATEMENT TO BE GIVEN TO TAXPAYER  
(Repealed by SLI No 89 of 2007)

REGULATION 99I   99I   RECORDS TO BE KEPT  
(Repealed by SLI No 89 of 2007)

REGULATION 99J   99J   ETP GROUP CERTIFICATE  
(Omitted by SR No 72 of 2000)

REGULATION 99K   99K   CONTENTS OF ETP GROUP CERTIFICATES  
(Omitted by SR No 72 of 2000)

REGULATION 99L   99L   WHO HAS AUTHORITY TO SIGN FORMS  
(Repealed by SLI No 89 of 2007)

REGULATION 99M   99M   ELECTRONIC TRANSMISSION AND STORAGE OF FORMS  
(Repealed by SLI No 89 of 2007)

REGULATION 100   100   EMPLOYEE MAY QUOTE TAX FILE NUMBER  
(Omitted by SR No 72 of 2000)

Subdivision 3B - Eligible termination payments (contravention notices)  

REGULATION 100A   100A   INTERPRETATION  
(Repealed by SLI No 89 of 2007)

REGULATION 100B   100B   CONTRAVENTION NOTICE  
(Repealed by SLI No 89 of 2007)

REGULATION 100C   100C   CONTENTS OF CONTRAVENTION NOTICE  
(Repealed by SLI No 89 of 2007)

REGULATION 100D   100D   NOTIFICATION THAT PERSON MAY PAY PENALTY  
(Repealed by SLI No 89 of 2007)

REGULATION 100E   100E   CONTENTS OF CONTRAVENTION NOTICE - OTHER MATTERS  
(Repealed by SLI No 89 of 2007)

REGULATION 100F   100F   PENALTY  
(Repealed by SR No 302 of 2002)

REGULATION 100G   100G   NO REQUIREMENT TO SERVE CONTRAVENTION NOTICE  
(Repealed by SLI No 89 of 2007)

REGULATION 100H   100H   CONSEQUENCES OF PAYMENT OF PENALTY  
(Repealed by SLI No 89 of 2007)

REGULATION 100I   100I   PAYMENT BY CHEQUE  
(Repealed by SLI No 89 of 2007)

REGULATION 100J   100J   OTHER PROCEEDINGS NOT AFFECTED  
(Repealed by SLI No 89 of 2007)

Subdivision 4 - Home loan interest  

Subdivision 5 - Group Employers  

Subdivision 6 - Employers other than Group Employers  

Division 3 - Notional Tax and Provisional Tax  

Division 4 - Collection of tax in respect of certain payments for work  

Division 5 - Collection of tax in respect of certain payments  

Division 6 - Collection of withholding tax  

Division 7 - Collection of mining withholding tax  

Division 9 - Reportable Payments System  

Division 10 - Reportable payments in the fishing industry  

Division 11 - Reportable payments in the clothing industry  

Division 11A - Reportable payments in the smash repair industry  

Division 11B - Reportable payments in the fruit and vegetable industry  

Division 12 - Prompt recovery, through estimates and payment agreements, of certain amounts not remitted  

REGULATION 147G   147G   AFFIDAVITS AND STATUTORY DECLARATIONS OF GOVERNMENT BODIES - PRESCRIBED PERSONS  
(Repealed by SLI No 3 of 2011)

PART 8 - REBATE FOR LOW INCOME AGED PERSONS AND PENSIONERS AND REBATE IN RESPECT OF CERTAIN BENEFITS  

Division 1 - General  

REGULATION 148   148   INTERPRETATION  
In this Part:

illness-separated-rate social security pension
(Repealed by SLI No 91 of 2012)

lowest marginal tax rate,
in relation to a year of income, means the rate that is:


(a) the lowest rate specified in the table in Part 1 of Schedule 7 to the Income Tax Rates Act 1986, in the application of the table to that year of income; and


(b) expressed as a decimal fraction.

member of a couple
(Repealed by SLI No 91 of 2012)

partner
(Repealed by SLI No 91 of 2012)

partnered-rate social security pension
(Repealed by SLI No 91 of 2012)

rebatable benefit
has the same meaning as in subsection 160AAA(1) of the Act.

single-rate social security pension
(Repealed by SLI No 91 of 2012)

SSA91
(Repealed by SLI No 91 of 2012)

tax-free threshold
, in relation to a year of income, has the meaning given by subsection 3(1) of the Income Tax Rates Act 1986.

VEA
(Repealed by SLI No 91 of 2012)

REGULATION 149   AMOUNT OF REBATE OF TAX  

149(1)  
For sections 160AAAA and 160AAAB of the Act, the amount of an entitlement to a rebate of tax is ascertained in accordance with Division 1A of this Part.

149(2)  
For section 160AAA of the Act, the amount of an entitlement to a rebate of tax is ascertained in accordance with Division 3 of this Part.

REGULATION 150   150   APPLICATIONOF THIS PART  
(Omitted by No 148 of 1997)

Division 1A - Rebate under sections 160AAAA and 160AAAB of the Act  

REGULATION 150AA   150AA   DEFINITIONS  
In this Division:

"equivalent circumstances income limit"
(Omitted by SR No 45 of 2002)

"rebate amount"
(Omitted by SR No 45 of 2002)

"rebate threshold"
has the meaning given by subregulations 150AB(3) and (3A);

relevant income-recipient
means the beneficiary of a trust, if the trustee in relation to the trust:


(a) is the taxpayer; and


(b) is liable to be assessed under section 98 of the Act in respect of the beneficiary's share of the net income of the trust estate.

REGULATION 150AB   ELIGIBILITY - AMOUNT OF REBATE INCOME  

150AB(1)  
For subsection 160AAAA(3) or 160AAAB(3) of the Act, the amount mentioned is:


rebate amount
  0.125   
+ taxpayer's rebate
  threshold

150AB(2)  
A taxpayer's rebate amount for a year of income is the amount in the relevant item in the following table:


Table
Table
Item Class of person Rebate amount
1 Single person $2 230
2 Member of a couple $1 602
3 Member of an illness-separated couple $2 040

150AB(2A)  
(Repealed by SLI No 167 of 2006)

150AB(2B)  
If, in a year of income, more than one item in the table in subregulation (2) applies to a taxpayer, the taxpayer's rebate amount is the amount that gives the taxpayer the greatest rebate entitlement.

150AB(3)  
If subregulation (3A) does not apply, a taxpayer's rebate threshold for a year of income is the amount calculated using the formula:


D + ( E+F )
C

where:

D
is the tax-free threshold.

E
is the maximum amount of rebate allowable under section 159N of the Act.

F
is the taxpayer's rebate amount for the year of income.

Note:

The rebate amount is worked out in accordance with subregulations (2) and (2B), but may then be affected by regulation 150AE or 150AF.

C
is the lowest marginal tax rate.

Note:

For lowest marginal tax rate and tax-free threshold - see regulation 148.

150AB(3A)  
If the taxpayer's rebate threshold, if it were calculated using the formula in subregulation (3), would be an amount that is greater than the amount at which the rebate of tax under section 159N of the Act is reduced, the taxpayer's rebate threshold for a year of income is the amount calculated using the formula:


(C × D) + E + F + G (H + I - C)
H + I

where:

C
is the lowest marginal tax rate.

D
is the tax-free threshold.

E
is the maximum amount of rebate allowable under section 159N of the Act.

F
is the taxpayer's rebate amount for the year of income.

Note:

The rebate amount is worked out in accordance with subregulations (2) and (2B), but may then be affected by regulation 150AE or 150AF.

G
is the amount at which the rebate of tax under section 159N of the Act is reduced.

H
is the rate at which the rebate of tax under subsection 159N(2) of the Act is reduced, expressed as a decimal fraction.

I
is the second lowest marginal tax rate, expressed as a decimal fraction.

Note:

For lowest marginal tax rate and tax-free threshold - see regulation 148.

150AB(4)  
If an amount worked out under subregulation (1), (2), (3) or (3A) is not an amount of whole dollars, the amount must be rounded up to the nearest whole dollar.

150AB(5)  
In this regulation:

illness separated couple
has the same meaning as in subsection 4(7) of the Social Security Act 1991.

member of a couple
has the same meaning as in:


(a) the Social Security Act 1991; or


(b) the Veteran's Entitlements Act 1986.

single person
means a person who, at any time in the year of income, is not the spouse of another person.

REGULATION 150AC   150AC   EQUIVALENT CIRCUMSTANCES INCOME LIMIT  
(Omitted by SR No 45 of 2002)

REGULATION 150AD   150AD   REBATE FOR LOW INCOME AGED PERSONS AND PENSIONERS  
Subject to regulations 150AE and 150AF, a taxpayer who, under section 160AAAA or 160AAAB of the Act, is eligible, in a year of income, for a rebate of tax is entitled, in respect of income, or trust income, of the year of income, to a rebate of tax amounting to:


(a) if the relevant income-recipient's rebate income of the year of income does not exceed his or her rebate threshold - the taxpayer's rebate amount; or


(b) if the relevant income-recipient's rebate income of the year of income exceeds his or her rebate threshold - the taxpayer's rebate amount, reduced by 12.5 cents for each $1 of the amount of the excess.

REGULATION 150AE   TRANSFER OF UNUSED REBATE FROM TAXPAYER OTHER THAN TRUSTEE  

150AE(1)  
Regulation 150AD is affected by subregulation (2) if, in relation to a year of income:


(a) a taxpayer ( TP1 ) is entitled to a rebate of tax under section 160AAAA of the Act; and


(aa) a person ( TP2 ) who is, at any time in that year of income, TP1's spouse, is entitled to a rebate of tax under section 160AAAA of the Act; and


(b) TP1's rebate amount for the year of income, worked out under this regulation, exceeds the tax payable by TP1 in respect of income of that year (disregarding any credits or rebates); and


(c) the amount of the rebate to which, apart from this subregulation, TP2 is entitled under section 160AAAA of the Act for the year of income is less than TP2's rebate amount for that year.

150AE(2)  
In the circumstances mentioned in subregulation (1):


(a) TP1's rebate amount for the year of income is the amount ascertained under subregulation 150AB(2) reduced by the amount of the excess rebate amount mentioned in paragraph (1)(b); and


(b) TP2's rebate amount for the year of income is the amount ascertained under subregulation 150AB(2) increased by the amount of excess rebate ascertained under subregulation (11).

150AE(3)  
Regulation 150AD is affected by subregulation (4) if, in relation to a year of income:


(a) a taxpayer ( TP1 ) is, under section 160AAAA of the Act, entitled to a rebate of tax; and


(b) TP1 is, at any time in that year of income, the spouse of a person who is a relevant income-recipient in relation to a taxpayer ( TP2 ) who is entitled under section 160AAAB to a rebate of tax; and


(c) TP1's rebate amount for the year of income worked out under this regulation exceeds the tax payable by TP1 in respect of income of that year (disregarding any credits or rebates); and


(d) the amount of the rebate to which, apart from this subregulation, TP2 is entitled under section 160AAAB for the year of income in relation to TP1's spouse is less than TP2's rebate amount for that year in relation to TP1's spouse.

150AE(4)  
In the circumstances mentioned in subregulation (3), the rebate amount for the year of income is:


(a) for TP1 - the amount ascertained under subregulation 150AB(2) or 151(3) reduced by the amount of the excess rebate amount mentioned in paragraph (3)(c); and


(b) for TP2 - the amount ascertained under subregulation 150AB(2) increased by the amount of the excess rebate amount ascertained under subregulation (11).

150AE(5)  
(Repealed by SLI No 91 of 2012)

150AE(6)  
(Repealed by SLI No 91 of 2012)

150AE(7)  
This regulation applies whether TP1 is, or is not, the same person as TP2.

150AE(8)  
For this regulation, if:


(a) TP1 received, at any time in the year of income, a pension under:


(i) Part 2.3, 2.4 or 2.5 of the Social Security Act 1991; or

(ii) Division 4 or 5 of Part III of the Veterans' Entitlements Act 1986; and


(b) the pension payments were exempt payments under Subdivision 52-A or 52-B of the Income Tax Assessment Act 1997;

the amount of TP1's assessable income of that year is to be calculated as if that pension were assessable income.

150AE(9)  
(Omitted by SR No 45 of 2002)

150AE(10)  
(Repealed by SLI No 91 of 2012)

150AE(11)  
In the circumstances mentioned in paragraphs (2)(b) and (4)(b), if TP1's taxable income for the year is $6 000 or less, the amount of excess rebate is the excess rebate amount mentioned in paragraph (1)(b).

150AE(12)  
In the circumstances mentioned in paragraphs (2)(b) and (4)(b), if TP1's taxable income for the year is greater than $6 000, and each rate of tax payable by TP1 is a rate set out in Part I of Schedule 7 to the Income Tax Rates Act 1986:


(a) the amount of excess rebate is calculated using the formula:

A - ((B - $6 000) × 0.15)


where:

A
is TP1's rebate amount for the year of income, worked out under this regulation.

B
is TP1's taxable income for the year; but


(b) if the amount calculated in paragraph (a) is less than zero, the amount of excess rebate is zero.

150AE(13)  
In the circumstances mentioned in paragraphs (2)(b) and (4)(b), if TP1's taxable income for the year is greater than $6 000, and each rate of tax payable by TP1 is a rate set out in Part II of Schedule 7 to the Income Tax Rates Act 1986, the amount of excess rebate is the excess rebate amount mentioned in paragraph (1)(b).

REGULATION 150AF   TRANSFER OF UNUSED REBATE FROM TAXPAYER WHO IS TRUSTEE  

150AF(1)  
Regulation 150AD is affected by subregulation (2) if, in relation to a year of income:


(a) a taxpayer (`` TP1 '') is entitled to a rebate under section 160AAAB of the Act; and


(b) the relevant income-recipient in relation to that rebate is, at any time in that year of income, the spouse of a taxpayer (`` TP2 '') who is entitled to a rebate of tax under section 160AAAA of the Act; and


(c) TP1's rebate amount in relation to the relevant income-recipient mentioned in paragraph (b) exceeds the tax payable by TP1 in relation to that relevant income-recipient for income of that year (disregarding any credits or rebates); and


(d) the amount of the rebate to which, apart from this subregulation, TP2 is entitled under section 160AAAA of the Act for the year of income is less than TP2's rebate amount for that year.

150AF(2)  
In the circumstances mentioned in subregulation (1), the rebate amount for the year of income is:


(a) for TP1 - the amount ascertained under subregulation 150AB(2) reduced by the amount of the excess rebate amount mentioned in paragraph (1)(c); and


(b) for TP2 - the amount ascertained under subregulation 150AB(2) increased by the amount of the excess rebate amount ascertained under subregulation (8) or (9).

150AF(3)  
Regulation 150AD is affected by subregulation (4) if, in relation to a year of income:


(a) a taxpayer (`` TP1 '') is entitled to a rebate under section 160AAAB of the Act; and


(b) the relevant income-recipient in relation to TP1 (`` RIR1 '') is, at any time in that year of income, the spouse of a person (`` RIR2 '') who is the relevant income-recipient in relation to a taxpayer (`` TP2 '') who is entitled to a rebate of tax under section 160AAAB of the Act; and


(c) TP1's rebate amount in relation to RIR1 exceeds the tax payable by TP1 in relation to RIR1 for income of that year (disregarding any credits or rebates); and


(d) the amount of the rebate to which, apart from this subregulation, TP2 is entitled under section 160AAAB of the Act for the year of income in relation to RIR2 is less than TP2's rebate amount for that year in relation to RIR2.

150AF(4)  
In the circumstances mentioned in subregulation (3), the rebate amount for the year of income:


(a) for TP1 - is the amount ascertained under subregulation 150AB(2) reduced by the amount of the excess rebate amount mentioned in paragraph (3)(c); and


(b) for TP2 - is the amount ascertained under subregulation 150AB(2) increased by the amount of the excess rebate amount ascertained under subregulation (8) or (9).

150AF(5)  
(Repealed by SLI No 91 of 2012)

150AF(6)  
(Repealed by SLI No 91 of 2012)

150AF(7)  
This regulation applies whether TP1 is, or is not, the same person as TP2.

150AF(7A)  
For this regulation, if:


(a) TP1 received, at any time in the year of income, a pension under:


(i) Part 2.3, 2.4 or 2.5 of the Social Security Act 1991; or

(ii) Division 4 or 5 of Part III of the Veterans' Entitlements Act 1986; and


(b) the pension payments were exempt payments under Subdivision 52-A or 52-B of the Income Tax Assessment Act 1997;

the amount of TP1's assessable income for that year is to be calculated as if that pension were assessable income.

150AF(8)  
In the circumstances mentioned in paragraphs (2)(b) and (4)(b), if TP1's taxable income in relation to the relevant income-recipient for the year is $6 000 or less, the amount of excess rebate is the excess rebate amount mentioned in paragraph (1)(b).

150AF(9)  
In the circumstances mentioned in paragraphs (2)(b) and (4)(b), if TP1's taxable income in relation to the relevant income-recipient for the year is greater than $6 000, and each rate of tax payable by TP1 is a rate set out in Part I of Schedule 7 to the Income Tax Rates Act 1986:


(a) the amount of excess rebate is calculated using the formula:

A - ((B - $6 000) × 0.15)


where:

A
is TP1's rebate amount for the year of income, worked out under this regulation.

B
is TP1's taxable income for the year; but


(b) if the amount calculated in paragraph (a) is less than zero, the amount of excess rebate is zero.

150AF(10)  
In the circumstances mentioned in paragraphs (2)(b) and (4)(b), if TP1's taxable income for the year is greater than $6 000, and each rate of tax payable by TP1 is a rate set out in Part II of Schedule 7 to the Income Tax Rates Act 1986, the amount of excess rebate is the excess rebate amount mentioned in paragraph (1)(c).

[Division 2 - Rebate in respect of certain pensions]  

Division 3 - Rebate under section 160AAA of the Act  

REGULATION 152   REBATE OF TAX IN RESPECT OF REBATABLE BENEFITS  

152(1)  
If the assessable income of a taxpayer of a year of income includes an amount of rebatable benefit, the taxpayer is entitled in the taxpayer's assessment in respect of income of that year of income to a rebate of tax of the amount calculated using the formula in subregulation (2) or (3).

152(2)  
If the taxpayer's benefit amount is less than or equal to the threshold at the upper conclusion of the lowest marginal tax rate, the formula is:

0.15 × [A - 6 000]

where:

A
is the taxpayer's benefit amount, being the amount of rebatable benefit received by the taxpayer during the year of income, rounded down to the nearest whole dollar.

Note:

For lowest marginal tax rate and tax-free threshold - see regulation 148.

152(3)  
If the taxpayer's benefit amount is greater than the threshold at the upper conclusion of the lowest marginal tax rate, the formula is:

0.15 × [A - 6 000] + 0.15 × [A - B]

where:

A
is the taxpayer's benefit amount, being the amount of rebatable benefit received by the taxpayer during the year of income, rounded down to the nearest whole dollar.

B
is the threshold at the upper conclusion of the lowest marginal tax rate.

Note:

For lowest marginal tax rate and tax-free threshold - see regulation 148.

152(4)  
If the amount worked out under subregulation (2) or (3) is not an amount of whole dollars, the amount must be rounded up to the nearest whole dollar.

PART 8A - FOREIGN INCOME  

Division 1 - General  

REGULATION 152A   INTERPRETATION  

152A(1)  
In this Part, unless the contrary intention appears, words and phrases have the same meanings as they have in Part X of the Act.

152A(2)  
In this Part, unless the contrary intention appears:

CGT asset
has the meaning given by section 108-5 of the Income Tax Assessment Act 1997.

"compulsory acquisition"
, in relation to a CGT asset, means the compulsory acquisition of that asset by:


(a) the government of a country, whether a federal, State or municipal government (however described); or


(b) an authority of such a government.

"concessional rate of tax"
(Repealed by SR No 115 of 2004)

"interest income"
(Repealed by SR No 115 of 2004)

"normal company tax rate"
(Repealed by SR No 115 of 2004)

"offshore banking business"
(Repealed by SR No 115 of 2004)

"offshore financial business"
(Repealed by SR No 115 of 2004)

"offshore income"
(Repealed by SR No 115 of 2004)

"offshore insurance business"
(Repealed by SR No 115 of 2004)

"offshore investment business"
(Repealed by SR No 115 of 2004)

"offshore reinsurance business"
(Repealed by SR No 115 of 2004)

"permanent establishment"
, in relation to an entity that carries on business in a listed country:


(a) if there is a double tax agreement in relation to the country and section 23AH of the Act applies to the entity - has the same meaning as in the agreement; or


(b) in any other case - has the meaning given by subsection 6(1) of the Act;

"relevant broad-exemption listed country"
(Repealed by SR No 115 of 2004)

"relevant period"
(Repealed by SR No 115 of 2004)

"relevant tax accounting period"
(Repealed by SR No 115 of 2004)

"shipping income"
(Repealed by SR No 115 of 2004)

wholly-owned group
has the meaning given by section 975-500 of the Income Tax Assessment Act 1997.

152A(3)  
In this Part (other than in regulation 152D):

capital gains
means gains or profits of a capital nature that arise from the sale or disposal of all or part of a CGT asset, other than gains or profits that would not be capital gains but for a provision of Australian tax law.

152A(4)  
In this Part:

passive income
means passive income described in section 446 of the Act, subject to the following modifications:


(a) omit paragraph 446(1)(k) and insert the following paragraph:


'(k) capital gains in respect of tainted assets;';


(b) if it is necessary to identify the designated concession income of an entity to which Division 6AAA of Part III of the Act applies, as part of using Schedule 9:


(i) read each reference, as appropriate, in Part X to a company as a reference to the entity; and

(ii) read each reference, as appropriate, in Part X to a statutory accounting period as a reference to a year of income;


(c) if it is necessary to identify the designated concession income of an entity to which section 23AH of Part III of the Act applies, as part of using Schedule 9, read each reference, as appropriate, in Part X to a statutory accounting period as a reference to a year of income.

Division 2 - Controlled foreign companies  

REGULATION 152B   INCOME OR PROFITS AS DESIGNATED CONCESSION INCOME  

152B(1)   [Interpretation]  

For the definition of designated concession income in section 317 of the Act, if:


(a) a listed country is mentioned in column 2 of an item in Part 2 of Schedule 9; and


(b) an entity mentioned in column 3 of the item derived income or profits that are:


(i) of a kind specified in column 4 of the item; and

(ii) further described in column 5 of the item;

the income or profits are designated concession income.

152B(2)   ["income or profits"]  

For subregulation (1), the income or profits of an entity include:


(a) the entity's interest in the income or profits of a partnership in which the entity is a partner; and


(b) the entity's beneficial interest in the income or profits of a trust estate in which the entity is a beneficiary.

REGULATION 152C   152C   LISTED COUNTRIES  
For the definition of listed country in subsection 320(1) of the Act, a foreign country or a part of a foreign country listed in Schedule 10 is declared to be a listed country for the purposes of Part X of the Act.

152C(2)  
(Repealed by SLI No 39 of 2015)

REGULATION 152D   CAPITAL GAINS REGARDED AS SUBJECT TO TAX  

152D(1)  
In this regulation:

capital gains
means gains or profits or other amounts of a capital nature.

roll-over relief
, in relation to a particular tax accounting period in relation to a listed country, means the deferral of tax liability in the tax accounting period under a tax law of the listed country because of a circumstance specified in regulation 152E.

152D(2)  
For section 324 of the Act, if:


(a) capital gains that are derived by an entity are not subject to tax in a listed country in a particular tax accounting period; and


(b) apart from the availability of roll-over relief, the capital gains would have been subject to tax in the listed country in the tax accounting period;

the capital gains are to be treated as if they were subject to tax in the listed country in the tax accounting period.

REGULATION 152E   152E   CIRCUMSTANCES SPECIFIED FOR THE DEFINITION OF ROLL-OVER RELIEF IN REGULATION 152D  
For the definition of roll-over relief in subregulation 152D(1), each of the following circumstances is specified:


(a) an entity:


(i) is taken to have disposed of all or part of a CGT asset because of an act, transaction or event as a result of which the entity has received an amount of money or a replacement CGT asset:

(A) by way of compensation for the compulsory acquisition, or for the loss or destruction, of the original CGT asset; or

(B) under a policy of insurance against the risk of loss or destruction of the original CGT asset; and

(ii) after receiving an amount of money mentioned in subparagraph (i), in order to achieve a deferral of tax liability under the tax law of the listed country, is required:

(A) to incur expenditure in acquiring a CGT asset in place of the original CGT asset; or

(B)