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					Income Tax Regulations 1936
Statutory Rules 1936 No. 94 as amended

made under the

Income Tax Assessment Act 1936

This compilation was prepared on 1 September 2005
taking into account amendments up to SLI 2005 No. 195

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General‘s Department, Canberra
Contents




                                                                      Page


Contents

Part 1            Preliminary
              1   Name of regulations [see Note 1]                       9
              2   Interpretation                                         9

Part 2            Administration
              3   Oath or Declaration by officers                       10

Part 3            Liability to taxation
              4   Prescribed metals and minerals                        11
              5   Allowances and bounties prescribed for the
                  purposes of subparagraph 23 (t) (iii)                 12
              6   Prescribed classes of persons (Act, section 23AB)     13
              7   Termination dates of operational areas (Act,
                  subsection 23AC (7))                                  13
             7A   Declaration of eligible duty                          14
             7B   Prescribed standards — (Act, paragraph
                  26AFB (2) (c))                                        15
              8   Approved trustee                                      16
              9   Prescribed Life Tables — subsection 27H (4) of
                  the Act                                               16
             10   Live stock                                            16
             11   Agreement by trustee and beneficiaries                17
             12   Excluded car parking facilities                       18
            12A   Maximum deduction for superannuation
                  contributions by eligible persons                     19
             13   Prescribed stock exchanges                            19
             14   Improvements on leased land                           20
           14AA   Debentures issued on overseas capital market
                  (subsection 128F (8))                                 20

Part 3A           Risk component: life insurance
                  premium
            14A   Interpretation                                        21
            14B   Risk component: term insurance policy                 21
            14C   Risk component: unbundled life assurance policy       22



2                      Income Tax Regulations 1936
                                                                      Contents




                                                                         Page
             14D   Risk component: other life assurance policies            22

Part 3B            Capital gains and capital losses
             14E   Prescribed schemes (Act, s 160L (6A))                    25

Part 4             Returns and assessments
              19   Statement to be furnished by employers                   26

Part 4A            Preferred address for service and
                   service of documents
              35   References to Act include references to 1997 Act         27
              36   Preferred address for service                            27
              37   Change or withdrawal of preferred address for
                   service                                                  28
             37A   Requirement to maintain a preferred address for
                   service                                                  28
              38   Substitute preferred address for service                 28
              39   Failure to notify change of address                      29
              40   Service of documents                                     29

Part 5             Objections and appeals
              44   Form of objection                                        31
              45   Evidence on appeal                                       31

Part 5A            Reasonable benefit limits

Division 1         Preliminary
              46   Introductory                                             32
              47   Interpretation                                           32
              48   Rules for working out ETPs for transitional RBL
                   purposes                                                 38
              49   Special rules relating to HAS                            39

Division 2         Specific RBLs
              50   Introductory                                             39
              51   Commissioner may determine RBLs at higher
                   amount                                                   40
              52   RBLs — persons aged under 45 on 1 July 1994              40




                        Income Tax Regulations 1936                          3
Contents




                                                                            Page
                 53    RBLs — persons aged at least 45, but under 50,
                       on 1 July 1994                                         41
                53A    RBLs — persons aged at least 50 on 1 July 1994         42
                53B    Amount of transitional RBLs                            43
                53C    Reasonable benefit limit where amount in ADF, life
                       assurance company or registered organisation           44
                53D    Reasonable benefit limit where recipient member
                       of certain fund on 15 August 1989                      45

Division 3             Registration procedure and review of decisions
              53E      Registration of transitional RBLs                      46
              53F      Form of registration                                   46
             53FA      Review of decisions                                    46

Division 4             Provisions under Division 14 of Part III of the
                       Act
                53G    Interpretation                                         47
                53H    Pension valuation factor (s 140C of the Act)           47
                 53J   Pension and annuity standards (Act s 140L)             47
                53K    Payers of benefits — specified information
                       (Act s 140M)                                           48
                53L    Payers of ETPs that are rolled-over — specified
                       information (s 140Q of the Act)                        48
                53M    Interpretation of Schedules 2A and 2B                  49

Part 6                 Tax file numbers
                 54    Interpretation                                         50
                 55    File number reports                                    50
                 56    Annual investment income reports                       51
                56A    Paragraph 202DDB (1) (b) of the Act: condition         56
                 57    Reviewable decisions                                   56

Part 7                 Collection and recovery of tax

Division 1             General
                 66    Where no administration of estate                      57

Division 2             Collection by instalments of tax on persons
                       other than companies
Subdivision 3          Eligible termination payments
                 97    Definitions for Subdivisions 3 and 3A                  57



4                           Income Tax Regulations 1936
                                                                            Contents




                                                                               Page
                 98    Family law superannuation interest splits
                       (Act s 27ACB)                                              59
Subdivision 3A         Eligible termination payments (records to be kept)
                 99    Payer must give taxpayer ETP pre-payment
                       statement                                                  60
               99A     Contents of ETP pre-payment statement                      61
               99B     Taxpayer to give payer instructions                        62
               99C     Instructions to make a payment                             63
               99D     Payer to give receiving fund an ETP roll-over
                       statement                                                  64
               99E     Payment instructions                                       65
               99F     Aggregated amount of pre-July 83 component and
                       taxed element of post-June 83 component                    65
               99G     Applied amount                                             65
               99H     ETP roll-over statement to be given to taxpayer            66
                 99I   Records to be kept                                         66
                99L    Who has authority to sign forms                            66
               99M     Electronic transmission and storage of forms               67
Subdivision 3B         Eligible termination payments
                       (contravention notices)
              100A     Interpretation                                             67
              100B     Contravention notice                                       67
              100C     Contents of contravention notice                           68
              100D     Notification that person may pay penalty                   68
              100E     Contents of contravention notice — other matters           68
              100G     No requirement to serve contravention notice               68
              100H     Consequences of payment of penalty                         68
               100I    Payment by cheque                                          69
               100J    Other proceedings not affected                             69

Division 8             Rate of deduction for car expenses
               146     Interpretation                                             69
               147     Prescribed rate for the purposes of section 3-2 of
                       Schedule 2A to the Act                                     70

Division 12            Prompt recovery, through estimates and
                       payment agreements, of amounts not remitted
                       under Divisions 2, 3A, 3B and 4 of Part VI of the
                       Act
              147G     Affidavits and statutory declarations of government
                       bodies — prescribed persons                                70



                            Income Tax Regulations 1936                            5
Contents




                                                                           Page
Part 8               Rebate for low income aged persons
                     and in respect of certain pensions and
                     benefits

Division 1           General
               148   Interpretation                                          71
               149   Amount of rebate of tax                                 72

Division 1A          Rebate under sections 160AAAA and 160AAAB
                     of the Act
             150AA   Definitions                                             72
             150AB   Eligibility — amount of taxable income                  73
             150AD   Rebate for low income aged persons                      75
             150AE   Transfer of unused rebate from taxpayer other
                     than trustee                                            75
             150AF   Transfer of unused rebate from taxpayer who is
                     trustee                                                 78

Division 2           Rebate in respect of certain pensions
              150A   Definitions                                             79
               151   Rebate for section 160AAA of the Act                    80

Division 3           Rebate in respect of certain benefits
               152   Rebate of tax in respect of rebatable benefits          87

Part 8A              Foreign income

Division 1           General
              152A   Interpretation                                          88

Division 2           Controlled foreign companies
              152B   Income or profits as designated concession
                     income                                                  89
              152C   Listed countries and section 404 countries              90
              152D   Capital gains regarded as subject to tax                90
              152E   Circumstances specified for the definition of roll-
                     over relief in regulation 152D                          90
              152F   Accruals tax laws                                       92
              152G   State foreign taxes that are treated as federal
                     foreign taxes                                           93




6                         Income Tax Regulations 1936
                                                                         Contents




                                                                            Page
Division 3           Foreign investment funds
             152H    Amortisation of expenditure in acquiring property         93
              152I   Approved stock exchanges                                  93
             152J    International sectoral classification systems             94

Part 9               Registration of tax agents
              153    Interpretation                                            95
              154    Appointment of secretary                                  95
              155    Communications to Board                                   95
              156    Prescribed qualifications for subparagraph 251BC
                     (1) (b) (ii) of the Act                                   96
              158    Place of lodgement of applications                        99
             158A    Tax agent application fees                                99
              159    Certificate of registration                              100
              160    Board to notify Commissioner of registration             100
              161    Register of Tax Agents                                   100
              163    Return of certificates of registration and exemption     101
              164    Notification of change of address                        102
              165    Service of notices etc                                   102
              166    Publication of notice of suspension or cancellation      102
              167    Notification of person ceasing to be nominee of
                     registered tax agent                                     103
              168    Evidence                                                 103
              169    Removal of business to another State                     105

Part 9A              Taxation of superannuation business
                     and related business
              170    Segregated current pension assets — prescribed
                     pensions                                                 106

Part 10              Miscellaneous
              171    Signatures                                               107
              172    Presumption as to signatures                             107
              173    Appointment of Public Officer                            107
              174    Scale of expenses in respect of persons required
                     to attend before Commissioner etc under section
                     264 of the Act                                           108
              175    Oath or affirmation for purposes of section 265          108
              177    Constitutionally protected funds                         108



                          Income Tax Regulations 1936                           7
Contents




                                                                     Page
              178   Departing Australia superannuation payments       109
Schedule 1          Forms                                             110
Form 1              Officer’s oath of secrecy                         110
Form 2              Officer’s declaration of secrecy                  111
Form 3              Notice of objection against assessment            112
Form 4              Order under subsection 220 (5)                    113
Schedule 2                                                            114
Schedule 2A         Calculation of old RBM                            116
Schedule 2B         Information to be given to the Commissioner       127
Schedule 3          Tables to be used in calculation of income tax
                    instalment amounts in relation to employees       130
Schedule 4          Tables                                            133
Schedule 5          Scale of expenses                                 135
Schedule 6          Prescribed rate of deduction                      136
Schedule 9          Designated concession income                      140
Part 1              Interpretation                                    140
Part 2              Items of designated concession income             141
Schedule 10         Listed countries and section 404 countries        148
Part 1              Listed countries                                  148
Part 2              Section 404 countries                             148
Schedule 12         Approved stock exchanges for the purposes of
                    Part XI of the Act                                150
Schedule 13         Approved international sectoral classification
                    systems for the purposes of Part XI of the Act    154
Schedule 14         Constitutionally protected superannuation
                    funds — State legislation                         155
Part 1              New South Wales                                   155
Part 2              Victoria                                          155
Part 3              Queensland                                        155
Part 4              Western Australia                                 156
Part 5              South Australia                                   156
Part 6              Tasmania                                          156

Notes                                                                 157




8                        Income Tax Regulations 1936
                                                Preliminary          Part 1


                                                              Regulation 2




Part 1                  Preliminary

1        Name of regulations [see Note 1]
         These regulations are the Income Tax Regulations 1936.

2        Interpretation
    (1) In these Regulations, unless the contrary intention appears:
        ABN (Australian Business Number) has the meaning given by
        section 41 of the A New Tax System (Australian Business
        Number) Act 1999.
        effective, in relation to an address, means that the person to
        whom the address relates will receive documents delivered to
        the address.
        preferred address for service has the meaning given by
        regulation 36.
        tax file number, in relation to an employee, means the number
        that is the employee‘s tax file number for the purposes of
        Part VA of the Act.
        the Act means the Income Tax Assessment Act 1936.
    (2) In these Regulations, unless the contrary intention appears, any
        reference to a Form shall be read as a reference to a Form
        contained in Schedule 1.
    (3) If:
        (a) a provision of these Regulations requires the number of
              cents in an amount to be worked out to the nearest 5 cents;
              and
        (b) an amount to which the provision applies is not a whole
              number that ends in a 0 or a 5;
         the provision is satisfied if the amount is rounded to the nearest
         number of whole cents ending in a 0 or a 5, and if the amount
         to be rounded ends in 2.5 or 7.5, rounded up.




                       Income Tax Regulations 1936                        9
Part 2         Administration


Regulation 3




Part 2                   Administration

3        Oath or Declaration by officers
         The Oath or Declaration which an officer may be required to
         make in pursuance of subsection 16 (6) of the Act shall be in
         accordance with Form 1 or Form 2, as the case may be.




10                      Income Tax Regulations 1936
                                             Liability to taxation            Part 3


                                                                       Regulation 4




Part 3                    Liability to taxation

4        Prescribed metals and minerals
         The following metals and minerals are prescribed metals and
         prescribed minerals for the purposes of paragraph 23 (pa) of
         the Act:

          Asbestos                                                   Ores of
          Bauxite                                                       Antimony
          Chromite                                                      Arsenic
          Emery                                                         Beryllium
          Fluorspar                                                     Bismuth
          Graphite                                                      Cobalt
          Ilmenite                                                      Columbium
          Kyanite                                                       Copper
          Magnesite                                                     Lithium
          Manganese oxides                                              Mercury
          Mica                                                          Molybdenum
          Monazite                                                      Nickel
          Pyrite                                                        Osmiridium
          Quartz Crystals (piezo-electric quality)                      Platinum
          Radio-active Ores                                             Selenium
          Rutile                                                        Strontium
          Sillimanite                                                   Tantalum
          Vermiculite                                                   Tellurium
          Zircon                                                        Tin
                                                                        Tungsten
                                                                        Vanadium.
         Note For the 1997-98 or a later income year, section 330-60 of the Income
         Tax Assessment Act 1997 deals with income derived by a genuine
         prospector from the sale of rights to mine.




                         Income Tax Regulations 1936                             11
Part 3          Liability to taxation


Regulation 5




5        Allowances and bounties prescribed for the
         purposes of subparagraph 23 (t) (iii)
          Each of the following allowances and the following bounty
          payable to, or in respect of, a member of the Defence Force is
          an allowance or bounty of a prescribed kind for the purposes of
          subparagraph 23 (t) (iii) of the Act:
         (a) a separation allowance payable on or after 12 October
               1982 under Determination 0202, Separation Allowance,
               made under the Defence Act 1903;
         (b) a living out allowance payable on or after 17 July 1984
               under Determination 0507, Living Out Allowance, made
               under that Act;
         (c) a living out away from home allowance payable on or
               after 20 December 1984 under Determination 0508,
               Living Out Away From Home Allowance, made under
               that Act;
         (d) an education allowance payable on or after 23 October
               1984 under Determination 0501, Education Allowance,
               made under that Act;
         (e) a scholarship allowance payable on or after 24 October
               1984 under Determination 0502, Scholarship Allowance,
               made under that Act;
          (f) financial assistance payable on or after 30 November 1984
               under Determination 3725, Education Assistance
               Overseas, made under that Act;
         (g) a child education allowance payable on or after 12
               October 1984 under Determination 3726, Child Education
               Allowance, made under that Act;
         (h) a re-engagement bounty payable on or after 30 November
               1984 under Determination 0701, Re-engagement Bounty,
               made under that Act;
          (j) a disturbance allowance payable on or after 1 July 1991
               under Determination 0505, Disturbance Allowance, made
               under that Act;
         (k) a transfer allowance payable on or after 1 July 1991 under
               Determination 3702, Transfer Allowance, made under that
               Act;


12                        Income Tax Regulations 1936
                                          Liability to taxation          Part 3


                                                                  Regulation 7


        (l) a deployment allowance in respect of non-warlike service
            payable on or after 31 July 1994 under a determination
            made under that Act.
        Note For allowances and bounties prescribed for the 1997-98 or a later
        income year: see items 1.1 and 1.2 in Section 51-5 of the Income Tax
        Assessment Act 1997 and the Income Tax Assessment Regulations.


6       Prescribed classes of persons (Act, section 23AB)
    (1) For subsection 23AB (2) of the Act, the following classes of
         persons are prescribed:
        (a) members of the Australian Federal Police who are
             members of the force, created by the United Nations, for
             keeping peace in Cyprus; and
        (b) members of the Australian Federal Police performing
             service with the United Nations Operation in Mozambique
             in the period from 27 March 1994 to 10 December 1994
             (inclusive); and
        (c) members of the Australian Federal Police performing
             service with the Multinational Force in Haiti in the period
             from 5 November 1994 to 21 March 1995 (inclusive); and
        (d) Australian residents serving with UNTAET in East Timor
             on or after 23 February 2000.
    (2) For paragraph (1) (d):
        UNTAET means the United Nations Transitional
        Administration in East Timor established by the United
        Nations Security Council on 25 October 1999.

7       Termination dates of operational areas (Act,
        subsection 23AC (7))
         For the purposes of paragraph (b) of the definition of
         termination date in subsection 23AC (7) of the Act:
        (a) 7 October 1993 is the termination date in respect of
             Cambodia (being the operational area specified in
             subsection 23AC (6B) of the Act); and
        (b) 30 November 1994 is the termination date in respect of
             Somalia (being the operational area specified in subsection
             23AC (6D) of the Act); and


                       Income Tax Regulations 1936                          13
Part 3          Liability to taxation


Regulation 7A


         (c) 23 January 1997 is the termination date in respect of the
             former Yugoslavia (being the operational area specified in
             subsection 23AC (6C) of the Act).

7A       Declaration of eligible duty
          For subsection 23AD (2) of the Act, each of the following is
          eligible duty:
         (a) duty with the International Force East Timor (INTERFET)
               in East Timor from 16 September 1999 to 10 April 2000
               (inclusive);
         (b) duty with INTERFET in the territorial sea of Indonesia
               adjacent to East Timor from 16 September 1999 to
               10 April 2000 (inclusive);
         (c) duty with the United Nations Transitional Administration
               East Timor (UNTAET) in East Timor after 15 September
               1999;
         (d) duty with UNTAET in the 12 nautical mile territorial sea
               adjacent to East Timor after 15 September 1999;
         (e) duty with Operation Slipper within at least 1 of the
               following specified areas, on or after 11 October 2001:
                 (i) the area bounded by the following geographical
                     coordinates:
                      4800N        8100E;
                      4800N        3500E;
                      1200N        3500E;
                      1200N        8100E;
                (ii) the Diego Garcia land mass and territorial waters;
               (iii) the greater of:
                      (A) the airspace of Diego Garcia for a radius of
                            250 nautical miles from Reference Point
                            0718.6S 07224.6E; and
                      (B) the declared Air Defence Identification Zone
                            for Diego Garcia;
          (f) duty with the United Nations Mission of Support in East
               Timor (UNMISET) in either or both of:
                 (i) East Timor; and



14                        Income Tax Regulations 1936
                                    Liability to taxation           Part 3


                                                            Regulation 7B


          (ii) the territorial sea of East Timor;
          from 20 May 2002 to 17 August 2003 (inclusive);
     (g) duty with Operation Falconer, on or after 18 March 2003,
          within the area bounded by the following geographical
          coordinates:
           38 00 N 68 00 E;
           38 00 N 32 00 E;
           10 00 N 32 00 E;
           10°00 N 68°00 E;
     (h) duty with Operation Palate in Afghanistan, including the
          airspace of Afghanistan, on or after 18 April 2003;
      (i) duty with Operation Catalyst, on or after 16 July 2003,
          within:
           (i) the total land areas, territorial waters, internal
                waterways and airspace boundaries of the following
                places:
                 (A) Iraq;
                 (B) Kuwait;
                 (C) Bahrain;
                 (D) Qatar;
                  (E) United Arab Emirates;
                  (F) Saudi Arabia (north of the geographic
                        coordinate 23°00 N); and
          (ii) the waters and airspace of the following places:
                 (A) the Persian Gulf;
                 (B) the Strait of Hormuz.

7B   Prescribed standards — (Act, paragraph
     26AFB (2) (c))
     For paragraph 26AFB (2) (c) of the Act, the standards
     mentioned in Part 6 of the Superannuation Industry
     (Supervision) Regulations 1994 are prescribed.




                  Income Tax Regulations 1936                          15
Part 3          Liability to taxation


Regulation 8



8        Approved trustee
         For the purposes of paragraph (f) of the definition of approved
         trustee in subsection 27A (1) of the Act, the Bank of New
         South Wales Nominees Pty Limited is prescribed.

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.

10       Live stock
     (2) For the purposes of paragraph 34 (2) (a) of the Act, the time
          within which a taxpayer may select the cost price of natural
          increase of a class of live stock is the period:
         (a) commencing on the day on which this subregulation
               commences; and
         (b) ending at the end of:
                (i) the day on which a return is lodged for the year of
                     income to which the selection relates; or
               (ii) if the Commissioner fixes a day, later than that day,
                     for the purposes of this paragraph — the day fixed
                     by the Commissioner.


16                        Income Tax Regulations 1936
                                               Liability to taxation           Part 3


                                                                       Regulation 11


     (3) For the purposes of section 34 of the Act, the minimum cost
         price in respect of the natural increase occurring after
         30 June 1994 of live stock of a class specified in the following
         table is the price specified in the table in relation to that class:

      Column 1                Column 2                      Column 3
      Item                    Class of live stock           Minimum cost price
                                                            $

      1                       Cattle                        20.00
      2                       Deer                          20.00
      3                       Goats                         4.00
      4                       Horses                        20.00
      5                       Pigs                          12.00
      6                       Poultry                       0.35
      7                       Sheep                         4.00
      8                       Emus                          8.00
          Note For working out the cost of natural increase of live stock occurring
          during the 1997-98 or a later income year: see section 70-55 of the Income
          Tax Assessment Act 1997 and the Income Tax Assessment Regulations.


11        Agreement by trustee and beneficiaries
          The notice of agreement which may be given in pursuance of
          the proviso to subsection 37 (2) of the Act shall be in writing,
          signed by the trustee of the estate of the deceased and the
          beneficiaries (if any) who are liable to be assessed in respect of
          the income of the business, or of a share in that income, and
          shall be given to the Commissioner at the place where, under
          these Regulations, the first return by the trustee of the estate of
          the deceased is to be furnished, on or before the date of the
          furnishing of that return, or within such extended time as the
          Commissioner allows for the giving of that notice of
          agreement.
          Note If the date of death is during the 1997-98 or a later income year: see
          section 70-105 of the Income Tax Assessment Act 1997.




                          Income Tax Regulations 1936                             17
Part 3            Liability to taxation


Regulation 12



12         Excluded car parking facilities
      (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.
     (1A) For the purposes of paragraph 51AGB (1) (h) of the Act, the
           provision of car parking facilities for a car during a period
           referred to in section 51AGB of the Act is taken to be excluded
           from that section if:
          (a) the facilities are provided to a taxpayer 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.
      (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.




18                          Income Tax Regulations 1936
                                          Liability to taxation           Part 3


                                                                  Regulation 13



12A       Maximum deduction for superannuation
          contributions by eligible persons
      (1) For the purposes of subparagraph 82AAT (2) (a) (ii) of the Act,
           the amount of a taxpayer‘s maximum deductible contributions
           to a complying superannuation fund for a year of income is:
          (a) where the taxpayer contributed to only one such fund
                during the year of income — an amount equal to the
                maximum deductible contributions that may be accepted
                by the fund in relation to the taxpayer under subregulation
                18B (9) of the Occupational Superannuation Standards
                Regulations during the year of income; or
          (b) where the taxpayer contributed to more than one such fund
                during the year of income — the greatest amount
                ascertained under paragraph (a) separately for each of
                those funds.
      (2) This Regulation applies in relation to the year of income that
          commenced on 1 July 1990 and later years of income.

13        Prescribed stock exchanges
      (1) The following stock exchanges are specified as prescribed
          stock exchanges for the purposes of Division 3A of Part III of
          the Act:
          Brisbane Stock Exchange
          Hobart Stock Exchange
          Stock Exchange of Adelaide
          Stock Exchange of Melbourne
          Stock Exchange of Perth
          Sydney Stock Exchange.
      (2) The stock exchanges specified in subregulation (1) are declared
          to have been prescribed stock exchanges for the purposes of
          Division 3A of Part III of the Act during the period from and
          including 16 June 1970, to and including the day immediately
          before the commencement of these Regulations.




                        Income Tax Regulations 1936                          19
Part 3          Liability to taxation


Regulation 14



14       Improvements on leased land
         For the purposes of paragraph 87 (1) (a) of the Act, the rate of
         interest shall be 5% per annum, and the instalment referred to
         therein may be calculated by reference to the Table in
         Schedule 2.

14AA     Debentures issued on overseas capital market
         (subsection 128F (8))
         The United States of America is a country specified under
         paragraph 128F (8) (c) of the Act.




20                        Income Tax Regulations 1936
                   Risk component: life insurance premium           Part 3A


                                                            Regulation 14B




Part 3A              Risk component: life
                     insurance premium

14A   Interpretation
       In this Part:
       authorised actuary means:
      (a) in relation to a life assurance company — an authorised
             actuary within the meaning of subsection 110 (1) of the
             Act; and
      (b) in relation to a registered organisation — an authorised
             actuary within the meaning of subsection 116HAC (1) of
             the Act.
       future premiums has the same meaning as in subsection 110
       (1) of the Act.
       life assurance policy means:
      (a) in relation to a life assurance company — a life assurance
             policy within the meaning of subsection 110 (1) of the
             Act; and
      (b) in relation to a registered organisation — a life assurance
             policy within the meaning of subsection 116E (1) of the
             Act.
       registered organisation has the same meaning as in subsection
       116E (1) of the Act.
       risk component means:
      (a) in relation to a life assurance company — the risk
             component within the meaning of subsection 110 (1) of
             the Act; and
      (b) in relation to a registered organisation — the risk
             component within the meaning of subsection 116E (1) of
             the Act.

14B   Risk component: term insurance policy
      The risk component of a premium received in respect of:


                    Income Tax Regulations 1936                         21
Part 3A          Risk component: life insurance premium


Regulation 14C


          (a) a term insurance policy; or
          (b) a rider or supplementary benefit attached to another policy
                where the sum insured is payable on death within a
                specified term;
           is the whole of the premium.

14C       Risk component: unbundled life assurance policy
      (1) The risk component of a premium received under an unbundled
           life assurance policy is:
          (a) if expenses are not included in the mortality charge — the
                 mortality charge plus so much of the expenses as the
                 authorised actuary determines relate to the mortality
                 charge; or
          (b) if expenses are included in the mortality charge — the
                 mortality charge.
      (2) In this Regulation, an unbundled life assurance policy:
          (a) means a policy where the premium consists of an
               identified mortality charge and identified investment
               contribution, whether or not expenses are treated
               separately; and
          (b) does not include a term insurance policy.

14D       Risk component: other life assurance policies
      (1) The risk component of a premium received under a life
          assurance policy, other than one referred to in regulation 14B
          or 14C, is the amount worked out in accordance with the
          following steps:
      Step 1: Find out the calculated liability for policy by multiplying
               the valuation of liability by the adjustment factor
               according to the rate of compound interest used in the last
               actuarial valuation of liabilities made in respect of the life
               assurance company or registered organisation, on the basis
               of the following table:




22                       Income Tax Regulations 1936
                    Risk component: life insurance premium           Part 3A


                                                             Regulation 14D



 Rate of interest                                               Adjustment
                                                                     factor

 4% or more                                                          100%
 3.5% to less than 4%                                                 95%
 3% to less than 3.5%                                                 90%
 less than 3%                                                         85%

Step 2: Find out the sum at risk under the policy as follows:
    (a) deduct from the sum payable on death any amount
         reinsured; and
    (b) deduct the calculated liability from the amount worked out
         under paragraph (a);
     each of these amounts being worked out as at:
    (c) the end of the year of income; or
    (d) immediately before the policy ceased, if the policy ceased
         in the year of income.
Step 3: If a premium received relates to a period of less than a
         year, adjust the sum at risk (Step 2) by multiplying it by
         the fraction of the year to which the premium relates.
Step 4: Work out the mortality factor on the basis of the formula:
                               1.2 q + .0006;

        where q is the ultimate mortality rate in IA1964-70,
        worked out by reference to the age or ages of the life or
        lives insured.
Step 5: Multiply the sum at risk (Step 2) or the adjusted sum at
        risk (Step 3), as the case requires, by the mortality factor.
Step 6: Add the total worked out under Step 5 to that part of the
        premium, if any, paid to reinsure the mortality risk under
        the policy.
(2) If premiums are not contracted to be payable in each year of
    the policy, the risk component includes an amount determined
    by the authorised actuary for the period for which the policy
    can reasonably be expected to remain in force after premiums
    have ceased.



                    Income Tax Regulations 1936                          23
Part 3A          Risk component: life insurance premium


Regulation 14D


     (3) In making a determination under subregulation (2), the
         authorised actuary must have regard to the bases set out in
         subregulation (1).
     (4) In this Regulation:
          IA1964-70 means the Australian Insured Lives Mortality Table
          1964-1970, published by the Institute of Actuaries of Australia
          and New Zealand.
          valuation of liability means the amount that would be enough
          to pay in full at maturity, according to the rates of mortality
          assumed in the company‘s last actuarial valuation, all liability
          (other than any liability reinsured) under the policy in force on
          the date for which the valuation is made, if:
         (a) the amount were accumulated at the rate of interest
               assumed in that last actuarial valuation; and
         (b) the future premiums (other than any reinsurance
               premiums), were accumulated at that rate.




24                       Income Tax Regulations 1936
                                Capital gains and capital losses           Part 3B


                                                                   Regulation 14E




Part 3B                   Capital gains and capital
                          losses

14E        Prescribed schemes (Act, s 160L (6A))
           A scheme mentioned in column 2 of an item in the following
           table is prescribed for the purposes of subsection 160L (6A) of
           the Act, in relation to a disposal of a right to reimbursement, or
           to payment, under the scheme on or after the date mentioned in
           column 3 of the item:

Table
Column 1      Column 2                                      Column 3
Item          Scheme                                        Date

1             The General Practice Rural Incentives         1 July 1992
              Program administered by the Department
              of Health and Family Services
2             The Sydney Aircraft Noise Insulation          8 December 1994
              Project administered by the Department
              of Transport and Regional Development
3             The M4/M5 Cashback Scheme                     1 January 1997
              administered by the Roads and Traffic
              Authority of the New South Wales State
              Government




                         Income Tax Regulations 1936                           25
Part 4          Returns and assessments


Regulation 19




Part 4                     Returns and assessments

19       Statement to be furnished by employers
     (1) Every employer of labour shall, when called upon by the
          Commissioner either by general notice published in the Gazette
          or by direct notice to the employer, give to the Commissioner,
          at an address mentioned in subregulation (3), a statement
          showing:
         (a) the names and addresses of all persons employed by him
              during the period mentioned in the notice;
         (b) the capacity in which each person was employed;
         (c) the total amount of remuneration paid to each person
              during that period; and
         (d) the value of board, residence, or other allowance made to
              each person during that period.
         Penalty: 5 penalty units.
     (2) The employer shall include in the statement, in relation to each
          employee who has, for the purposes of Part VA of the Act,
          quoted his or her tax file number in a TFN declaration given to
          the employer:
         (a) the employee‘s tax file number; or
         (b) where the employee is, because of the application of
               subsection 202CB (2) or (4) of the Act, to be taken to have
               so quoted the number — a notice to that effect.
         Penalty: 5 penalty units.
     (3) For subregulation (1), the addresses are:
         (a) a place directed by the Commissioner; or
         (b) if the Commissioner does not give a direction, a place
              where, under these Regulations, the return of the employer
              may be furnished.
     (4) An offence under subregulation (1) or (2) is an offence of strict
         liability.
         Note For strict liability, see section 6.1 of the Criminal Code.


26                        Income Tax Regulations 1936
          Preferred address for service and service of documents            Part 4A


                                                                   Regulation 36




Part 4A                   Preferred address for service
                          and service of documents

35       References to Act include references to 1997 Act
          In this Part, unless the contrary intention appears:
         (a) a reference to the Act includes a reference to the Income
               Tax Assessment Act 1997; and
         (b) a reference to these Regulations includes a reference to
               regulations made under the Income Tax Assessment Act
               1936 or the Income Tax Assessment Act 1997.

36       Preferred address for service
     (1) An address in Australia used by or associated with a person is a
          preferred address for service of the person if:
         (a) it is of one of the following kinds of address:
                (i) a physical address;
               (ii) a postal address;
              (iii) an electronic address; and
         Note 1 An address may be both a physical address and a postal address
         (eg. a street address).
         Note 2 The following are examples of an electronic address:
         (a) an e-mail address;
         (b) a secure website that the person can access to obtain a document.
         (b) the person has given it to the Commissioner as an address
             for the service of documents by the Commissioner under
             the Act or these Regulations; and
         (c) the designation of the address or other circumstances
             indicate that the person wishes the address to be used by
             the Commissioner in preference to other addresses of the
             person, whether generally or in specific circumstances.
     (2) The designation of an address in a form or correspondence as
         an ‗address for service‘, a ‗preferred address‘, an ‗address for
         correspondence‘ or similar term satisfies paragraph (1) (c).


                         Income Tax Regulations 1936                             27
Part 4A          Preferred address for service and service of documents


Regulation 37



37        Change or withdrawal of preferred address for
          service
      (1) A person may change or withdraw a preferred address for
          service only by giving the Commissioner notice in accordance
          with this regulation.
      (2) The notice must state whether or not the former address is still
          effective.
      (3) The notice must be given to the Commissioner in one of the
           following ways:
          (a) orally, including by telephone;
          (b) in writing, including electronically;
          (c) any other way approved by the Commissioner in writing.
      (4) If the person is required to maintain a preferred address for
          service under the Act or these Regulations, the person may
          withdraw a preferred address for service only if another
          effective preferred address for service that is a postal address
          remains.
      (5) If the person is required to maintain a preferred address for
          service under the Act or these Regulations, and a preferred
          address for service becomes ineffective, the person must
          change or withdraw the ineffective address within 28 days.

37A       Requirement to maintain a preferred address for
          service
          If a person is required to give the Commissioner a preferred
          address for service for a purpose (for example, by the approved
          form for a return), the person must subsequently maintain a
          preferred address for service for the purpose.

38        Substitute preferred address for service
      (1) This regulation applies if:
          (a) a person has not given the Commissioner a preferred
              address for service; or
          (b) the Commissioner is satisfied that none of a person‘s
              preferred addresses for service is effective.


28                       Income Tax Regulations 1936
          Preferred address for service and service of documents          Part 4A


                                                                   Regulation 40


     (2) If the Commissioner has a record of another address relating to
         the person (whether or not a physical address), and it appears to
         the Commissioner that it is likely that the address is effective,
         the Commissioner may treat that address as the person‘s
         preferred address for service for all purposes under the Act and
         these Regulations.

39       Failure to notify change of address
         A person whose preferred address for service is no longer
         effective, and who has not changed or withdrawn the address
         under regulation 37, may not plead the fact that the address was
         not effective as a defence in any proceedings instituted against
         the person under the Act or these Regulations.

40       Service of documents
     (1) The Commissioner may serve a document on a person for the
          purposes of the Act and these Regulations by:
         (a) if the person has given a preferred address for service that
              is a physical address — leaving a copy of the document at
              that address; or
         (b) if the person has given a preferred address for service that
              is a postal address — posting a copy of the document to
              that address; or
         (c) if the person has given a preferred address for service that
              is an electronic address — delivering an electronic copy of
              the document to that address.
     (2) This regulation also applies to the service of a notice:
         (a) for the purposes of section 451 of the Act — by an
               attributable taxpayer upon a company that is a CFC within
               the meaning of Part X; and
         (b) for the purposes of section 452 of the Act — by a
               company that is a CFC within the meaning of that Part
               upon a partnership;
          in the same way as it applies to the Commissioner serving a
          document on a person.




                         Income Tax Regulations 1936                          29
Part 4A          Preferred address for service and service of documents


Regulation 40


     (3) This regulation does not affect the operation of any other law
         of the Commonwealth, or any law of a State or Territory, that
         deals with the service of documents.
          Note For an example of another law that deals with the service of
          documents, see sections 28A and 29 of the Acts Interpretation Act 1901.




30                       Income Tax Regulations 1936
                                     Objections and appeals           Part 5


                                                              Regulation 45




Part 5                  Objections and appeals

44       Form of objection
     (1) An objection against an assessment under section 185 of the
         Act may be made in accordance with Form 3.
     (2) The objection must be lodged with the Commissioner at the
         address from which notice of the assessment objected to was
         issued.

45       Evidence on appeal
     (1) Where the Commissioner has, in pursuance of paragraph 170
         (2) (a) of the Act, amended an assessment, the production in
         any proceedings on appeal against the assessment as so
         amended, of a certificate in writing signed by the
         Commissioner or a Second Commissioner, stating that he is of
         opinion that the avoidance of tax was due to fraud or evasion,
         shall be conclusive evidence that the Commissioner or the
         Second Commissioner, as the case may be, was of opinion as
         stated in the said certificate.
     (2) A document that purports to be a certificate of a kind referred
         to in subregulation (1) is to be taken on its production in any
         such proceedings to be a certificate of that kind.




                       Income Tax Regulations 1936                       31
Part 5A            Reasonable benefit limits
Division 1         Preliminary
Regulation 46




Part 5A                      Reasonable benefit limits

Division 1                   Preliminary

46           Introductory
             Divisions 2 and 3 of this Part are made, under section 140ZE of
             the Act, for transitional purposes only.

47           Interpretation
     (1) In this Part, unless the contrary intention appears:
          HAS, in relation to a person, subject to regulation 49, means
          the highest average annual salary of the person over any 3
          consecutive financial years (including a financial year in which
          the person did not earn salary for the whole of the year) before
          the 1994-1995 financial year.
          HAS-based lump sum RBL, in relation to a person, means the
          amount worked out by multiplying the amount of the person‘s
          HAS by the amount of the person‘s lump sum reasonable
          benefit multiple.
          HAS-based pension RBL, in relation to a person, means the
          amount worked out by multiplying the amount of the person‘s
          HAS by the amount of the person‘s pension reasonable benefit
          multiple.
          lump sum reasonable benefit multiple, in relation to a person
          who is applying for a transitional RBL, subject to subregulation
          (2), means:
         (a) if the eligible service period in relation to the ETP,
               pension or annuity commenced on or after 1 July 1990 —
               the number obtained by dividing the sum of:
                 (i) 7 times $46,640 or, if the person‘s HAS is less than
                     $46,640, 7 times the person‘s HAS; and
                (ii) 5 times the part (if any) of the person‘s HAS that
                     exceeds $46,640 but does not exceed $86,610; and
               (iii) 3 times the part (if any) of the person‘s HAS that
                     exceeds $86,610;


32                          Income Tax Regulations 1936
                          Reasonable benefit limits          Part 5A
                                      Preliminary          Division 1
                                                      Regulation 47


    by the person‘s HAS; or
(b) in any other case — the number worked out using the
    formula:
         OLD SP  OLD RBM           NEW SP  NEW RBM 
     where:
     OLD SP means the number worked out by dividing the
     number of days in the relevant eligible service period that
     occurred before 1 July 1990 by the total number of days in
     the relevant eligible service period; and
     OLD RBM means the multiple applicable to the benefit
     under Schedule 2A; and
     NEW SP means the number worked out by dividing the
     number of days in the relevant eligible service period that
     occurred on or after 1 July 1990 by the total number of
     days in the relevant eligible service period; and
     NEW RBM means the number that would be the person‘s
     lump sum reasonable benefit multiple if the relevant
     eligible service period had commenced on or after 1 July
     1990.
net business income, in relation to a business the gross income
of which in respect of a financial year exceeds all deductions
for that year with respect to the business that are allowable
deductions for the purposes of the Act (other than any
deductions allowable under section 82AAC or 82AAT, or
Division 16C of Part III, of the Act), means the amount of that
excess.
net business losses, in relation to a business where all
deductions for the financial year commencing on 1 July 1990
or a later financial year with respect to the business that are
allowable deductions for the purposes of the Act (other than
any deductions allowable under section 82AAC or 82AAT, or
Division 16C of Part III, of the Act) exceed the gross income
of the business in respect of that year, means the amount of that
excess.
pension reasonable benefit multiple, in relation to a person
who is applying for a transitional RBL, subject to subregulation
(2), means:


              Income Tax Regulations 1936                         33
Part 5A             Reasonable benefit limits
Division 1          Preliminary
Regulation 47


             (a) if the eligible service period in relation to the benefit
                 commenced on or after 1 July 1990 — the number worked
                 out using the formula:
                                                M
                                                       15
                                                HAS
                  where:
                 M means the sum of:
                   (i) 0.75 times $46,640 or, if the person‘s HAS is less
                       than $46,640, 0.75 times the person‘s HAS; and
                  (ii) 0.55 times the part (if any) of the person‘s HAS that
                       exceeds $46,640 but does not exceed $86,610; and
                 (iii) 0.35 times the part (if any) of the person‘s HAS that
                       exceeds $86,610; or
             (b) in any other case — the number worked out using the
                 formula:
                         OLD SP     OLD RBM          NEW SP  NEW RBM
                   where:
                   OLD SP means the number worked out by dividing the
                   number of days in the relevant eligible service period that
                   occurred before 1 July 1990 by the total number of days in
                   the relevant eligible service period; and
                   OLD RBM means the multiple applicable to the benefit
                   under Schedule 2A; and
                   NEW SP means the number worked out by dividing the
                   number of days in the relevant eligible service period that
                   occurred on or after 1 July 1990 by the total number of
                   days in the relevant eligible service period; and
                   NEW RBM means the number that would be the person‘s
                   pension reasonable benefit multiple if the relevant eligible
                   service period commenced on or after 1 July 1990.
              salary, subject to subregulations (3) and (4), means salary,
              wages, commissions, bonuses, fees, allowances or gratuities
              paid to a person during a financial year, and includes:
             (a) subject to paragraph (k), other earnings; and
             (b) the amount that would be the value of a benefit to which
                   section 57, 57A or 58 of the Fringe Benefits Tax

34                           Income Tax Regulations 1936
                               Reasonable benefit limits          Part 5A
                                           Preliminary          Division 1
                                                           Regulation 47


          Assessment Act 1986 applies if that benefit were not an
          exempt benefit; and
    (c) a payment made by a company by way of remuneration to
          a director of the company; and
    (d) in the case of a person who is an Australian citizen, or a
          resident of Australia — any amounts paid to the person
          from a source outside Australia that would fall within this
          definition if they had been paid from a source in Australia;
     but does not include:
    (e) a distribution from a trust estate; or
     (f) allowances to cover expenses incurred on behalf of the
          person‘s employer or business; or
    (g) any ETP; or
    (h) a superannuation pension or an annuity; or
     (j) a payment to which section 26AC or 26AD of the Act
          applies; or
    (k) earnings on investments.
     vested superannuation benefits has the meaning given by
     subregulation (5).
(2) For the purposes of the definitions of lump sum reasonable
    benefit multiple and pension reasonable benefit multiple, if a
    person has more than 1 benefit entitlement, the person‘s
    relevant eligible service period for transitional RBL purposes is
    taken to have started on the earliest date of the longest eligible
    service period in relation to the person‘s benefit entitlements.
(3) For the purposes of the definition of salary in
     subregulation (1):
    (a) amounts to which paragraph (d) of that definition applies
         are to be converted into Australian currency at the rate that
         is the average of the exchange rates for the currency in
         which the foreign source amounts were paid at the start,
         and at the end, of the financial year in which the amounts
         were paid; and
    (b) if a person carries on a business (either alone or in
         partnership with another person):
          (i) the person‘s salary is to be increased by the person‘s
               share of the net business income; or


                   Income Tax Regulations 1936                         35
Part 5A             Reasonable benefit limits
Division 1          Preliminary
Regulation 47


                  (ii) the person‘s salary is to be decreased by the person‘s
                       share of the net business losses; and
             (c) if:
                   (i) a person is an associate of the person‘s employer;
                       and
                  (ii) the person‘s salary is greater or lesser than the
                       amount (in this paragraph called the arm’s length
                       salary) that would, in the opinion of the
                       Commissioner, acting in accordance with
                       subregulation (4), be the person‘s salary if the
                       person had not been an associate of the employer;
                 the person‘s salary for the purposes of this Part is taken to
                 be the arm‘s length salary.
     (4) In determining the arm‘s length salary under subregulation (3),
          the Commissioner is to have regard to:
         (a) the nature of the work performed; and
         (b) the hours worked; and
         (c) the salary that would be payable to a person who is not an
               associate of the employer for performing similar work for
               similar hours; and
         (d) any other relevant matters.
     (5) Subject to subregulation (6), the amount of vested
         superannuation benefits in relation to a person is the sum of:

              Lump sum benefit in a superannuation fund or an ADF
             (a) if the person has a benefit entitlement, in the form of a
                 lump sum, in a superannuation fund or an ADF — the
                 greatest of the following amounts:
                   (i) the RBL amount (worked out under section 140ZH
                       of the Act) of the person‘s accumulated benefit on
                       30 June 1994;
                  (ii) the RBL amount (worked out under that section) of
                       the benefit payable to the person if he or she
                       resigned on 30 June 1994;
                 (iii) the RBL amount (worked out under that section) of
                       the benefit payable to the person if he or she became
                       redundant on that date;


36                           Income Tax Regulations 1936
                              Reasonable benefit limits          Part 5A
                                          Preliminary          Division 1
                                                          Regulation 47



    Deferred annuity held by a life assurance company or
    registered organisation
   (b) if the person has a benefit entitlement, in the form of a
        deferred annuity, in a life assurance company or a
        registered organisation — the RBL amount (calculated
        under section 140ZI of the Act) of the benefit payable to
        the person if he or she commuted the entitlement on
        30 June 1994;

     Lump sum benefit payable under a contract of
     employment
    (c) if the person has a benefit entitlement, in the form of a
        lump sum, payable under a contract of employment — the
        greater of the following amounts:
          (i) the RBL amount (worked out under section 140ZJ of
              the Act) of the benefit payable to the person under
              the contract if he or she resigned on 30 June 1994;
         (ii) the RBL amount (worked out under that section) of
              the benefit payable to the person under the contract
              if he or she became redundant on that date;

    Pension benefit in a superannuation fund
   (d) if the person has a benefit entitlement, in the form of a
       pension that has not become payable, in a superannuation
       fund — the greatest of the following amounts:
         (i) the RBL amount (worked out under section 140ZK
             of the Act) of the amount of the person‘s
             accumulated benefit on 30 June 1994;
        (ii) the RBL amount (worked out under that section) of
             the capital value of the benefit payable to the person
             if he or she resigned on 30 June 1994;
       (iii) the RBL amount (worked out under that section) of
             the capital value of the benefit payable to the person
             if he or she became redundant on that date.
(6) For the purposes of subregulation (5), there must be added to
    an amount worked out in accordance with that subregulation in
    relation to a person the sum of adjusted RBL amounts of



                  Income Tax Regulations 1936                         37
Part 5A             Reasonable benefit limits
Division 1          Preliminary
Regulation 48


              previous benefits in relation to the person, where that sum is
              worked out:
             (a) in accordance with subsection 140ZA (4) of the Act; and
             (b) on the basis that, in using the formula in the subsection to
                  work out the portion, the ―second-last quarter‖ in the
                  formula is the quarter ending on 30 June 1994; and
             (c) on the basis that subsection 140ZA (5) of the Act does not
                  apply.
     (7) Unless the contrary intention appears, a term defined in section
         140C of the Act and not defined in this Regulation has the
         same meaning in this Part as it has, under that section, in
         Division 14 of Part III of the Act.

48           Rules for working out ETPs for transitional RBL
             purposes
              Where a person has a benefit entitlement that is to be taken into
              account for transitional RBL purposes, the following rules
              apply in working out the person‘s transitional RBL:
             (a) if the benefit is in a superannuation fund or an ADF in the
                  form of a lump sum — the payment of the lump sum to
                  which the person would be entitled if he or she ceased on
                  30 June 1994 to be a member of the superannuation fund
                  or ADF is taken to be the retained amount of an ETP;
             (b) if the benefit is in a superannuation fund in the form of a
                  pension — the entitlement to the pension that would
                  accrue to the person if he or she ceased on 30 June 1994 to
                  be a member of the fund is taken to commence on
                  1 July 1994;
             (c) if the benefit is a deferred annuity in a life assurance
                  company or a registered organisation — the lump sum to
                  which the person would be entitled if he or she commuted
                  the annuity entitlement on 30 June 1994 is taken to be the
                  retained amount of an ETP;
             (d) if the benefit is a lump sum payable under a contract of
                  employment — the lump sum to which the person would
                  be entitled if the employment terminated on 30 June 1994
                  is taken to be the retained amount of an ETP that is paid
                  after 30 June 1994.


38                           Income Tax Regulations 1936
                                       Reasonable benefit limits          Part 5A
                                                Specific RBLs           Division 2
                                                                   Regulation 50



49       Special rules relating to HAS
     (1) For the purposes of the definition of HAS in subregulation 47
          (1), where a person has earned salary but not during
          3 consecutive financial years, that definition applies to:
         (a) if the person has earned salary for at least 2 full
               consecutive financial years — the person‘s average salary
               for those 2 years; or
         (b) if the person has earned salary for at least one full
               financial year but less than 2 full consecutive financial
               years — the person‘s salary for that financial year; or
         (c) in any other case — the person‘s final annualised salary.
     (2) Subject to this Regulation, if the period of a person‘s HAS does
          not include the financial year 1993-1994:
         (a) the HAS is multiplied by the index number for the quarter
               ending on 30 June 1994; and
         (b) the product of that multiplication is divided by the index
               number for the last quarter in the period of the person‘s
               HAS.
     (3) Subregulation (2) does not apply to a person in relation to a
         benefit if that subregulation would result in a reduction of the
         person‘s HAS.
     (4) Where an amount worked out under subregulation (2) is not a
         multiple of $10, it is to be increased to the nearest multiple of
         $10.

Division 2                Specific RBLs

50       Introductory
         This Division applies subject to Division 1.
         Note In particular, provisions in this Division concerning the amount of a
         person‘s transitional RBL must be read subject to any applicable provision
         of regulations 47 to 49.




                         Income Tax Regulations 1936                           39
Part 5A           Reasonable benefit limits
Division 2        Specific RBLs
Regulation 51



51           Commissioner may determine RBLs at higher
             amount
     (1) The Commissioner may determine that, because of special
         circumstances, a person‘s transitional lump sum RBL, or
         transitional pension RBL, is to be an amount that is higher than
         it would be under another provision of this Part.
     (2) In making a determination under subregulation (1), the
          Commissioner must have regard:
         (a) to the special circumstances of the person; and
         (b) to any other relevant matter that comes to the notice of the
             Commissioner.

52           RBLs — persons aged under 45 on 1 July 1994
     (1) In this Regulation, eligible person means a person born after
         1 July 1949.
     (2) An eligible person has a transitional lump sum RBL if:
         (a) the amount of the person‘s vested superannuation benefits
             as at 30 June 1994 exceeds $400,000; and
         (b) the amount of the person‘s HAS-based lump sum RBL
             exceeds $400,000.
     (3) Subject to regulation 53B, if a person has a transitional lump
          sum RBL under subregulation (2), the amount of that RBL is
          the lesser of:
         (a) the amount of the person‘s vested superannuation benefits
               as at 30 June 1994; and
         (b) the amount of the person‘s HAS-based lump sum RBL.
     (4) An eligible person has a transitional pension RBL if:
         (a) the amount of the person‘s vested superannuation benefits
             as at 30 June 1994 exceeds $800,000; and
         (b) the amount of the person‘s HAS-based pension RBL
             exceeds $800,000.
     (5) Subject to regulation 53B, if a person has a transitional pension
         RBL under subregulation (4), the amount of that RBL is the
         lesser of:


40                         Income Tax Regulations 1936
                                    Reasonable benefit limits          Part 5A
                                             Specific RBLs           Division 2
                                                                Regulation 53


         (a) the amount of the person‘s vested superannuation benefits
             as at 30 June 1994; and
         (b) the amount of the person‘s HAS-based pension RBL.

53       RBLs — persons aged at least 45, but under 50, on
         1 July 1994
     (1) In this Regulation, eligible person means a person born:
         (a) after 1 July 1944; and
         (b) on or before 1 July 1949.
     (2) An eligible person has a transitional lump sum RBL if:
         (a) the amount of the person‘s HAS-based lump sum RBL
             exceeds $400,000; and
         (b) an amount exceeding $400,000 is obtained by adding:
               (i) the amount of the person‘s vested superannuation
                    benefit; and
              (ii) the amount calculated in accordance with the
                    following formula:
                     HAS-based lump sum RBL-vested superannuation benefit   N
                                                1826
                    where N is the number of days by which the
                    person‘s age on 1 July 1994 exceeds the person‘s
                    age on his or her 45th birthday.
                    Note The number ―1826‖ in the formula is the number of
                    days in the period commencing on 1 July 1944 and ending on
                    30 June 1949.

     (3) Subject to regulation 53B, if an eligible person has a
          transitional lump sum RBL under subregulation (2), the
          amount of that RBL is the lesser of:
         (a) the amount worked out, in relation to the person, under
               paragraph (2) (b); and
         (b) the person‘s HAS-based lump sum RBL.
     (4) An eligible person has a transitional pension RBL if:
         (a) the amount of the person‘s HAS-based pension RBL
             exceeds $800,000; and


                       Income Tax Regulations 1936                          41
Part 5A            Reasonable benefit limits
Division 2         Specific RBLs
Regulation 53A


             (b) an amount exceeding $800,000 is obtained by adding:
                  (i) the amount of the person‘s vested superannuation
                      benefit; and
                 (ii) the amount calculated in accordance with the
                      following formula:
                    HAS-based lump sum RBL - vested superannuation benefit   N
                                               1826

                        where N is the number of days by which the
                        person‘s age on 1 July 1994 exceeds the person‘s
                        age on his or her 45th birthday.
             Note The number ―1826‖ in the formula is the number of days in the
             period commencing on 1 July 1944 and ending on 30 June 1949.

      (5) Subject to regulation 53B, if an eligible person has a
           transitional pension RBL under subregulation (4), the amount
           of that RBL is the lesser of:
          (a) the amount worked out, in relation to the person, under
                paragraph (4) (b); and
          (b) the person‘s HAS-based pension RBL.

53A          RBLs — persons aged at least 50 on 1 July 1994
      (1) In this Regulation, eligible person means a person born on or
          before 1 July 1944.
      (2) An eligible person has a transitional lump sum RBL if the
          amount of the person‘s HAS-based lump sum RBL exceeds
          $400,000.
      (3) Subject to regulation 53B, if an eligible person has a
          transitional lump sum RBL under subregulation (2), the
          amount of that RBL is the amount of the person‘s HAS-based
          lump sum RBL.
      (4) An eligible person has a transitional pension RBL if the
          amount of the person‘s HAS-based pension RBL exceeds
          $800,000.
      (5) Subject to regulation 53B, if an eligible person has a
          transitional pension RBL under subregulation (4), the amount

42                          Income Tax Regulations 1936
                                    Reasonable benefit limits           Part 5A
                                             Specific RBLs            Division 2
                                                                Regulation 53B


          of that RBL is the amount of the person‘s HAS-based pension
          RBL.

53B       Amount of transitional RBLs
      (1) If:
          (a) an ETP is paid to a person on a day (the ETP day)
                occurring before the person‘s 55th birthday; or
          (b) a superannuation pension or annuity that does not meet the
                pension and annuity standards is paid to a person with a
                commencement day occurring before the person‘s 55th
                birthday;
           the person‘s transitional lump sum RBL worked out in
           accordance with subregulation 52 (3), 53 (3) or 53A (3) is
           discounted by 2.5% for each whole year in the period:
          (c) beginning on the birthday of the recipient immediately
                before the ETP day or the commencement day or, if the
                ETP day or the commencement day falls on the birthday
                of the recipient, on that birthday; and
          (d) ending immediately before the day that is or will be the
                recipient‘s 55th birthday.
      (2) The amount of transitional lump sum RBL or transitional
           pension RBL that applies to a person under regulation 52, 53 or
           53A (reduced, where applicable, under subregulation (1)) is:
          (a) in the case of the 1994-1995 year of income — the amount
               of transitional lump sum RBL or transitional pension
               RBL; or
          (b) in the case of a later year of income — the amount that,
               under subsection 140ZD of the Act would replace the
               amount of transitional lump sum RBL or transitional
               pension RBL, on the basis that the indexable amount for
               the purposes of that subsection is:
                 (i) the amount of transitional lump sum RBL or
                     transitional pension RBL; or
                (ii) if that amount has been previously altered in
                     accordance with this paragraph, the amount or the
                     latest amount (as the case requires) obtained by that
                     alteration.


                        Income Tax Regulations 1936                          43
Part 5A           Reasonable benefit limits
Division 2        Specific RBLs
Regulation 53C


      (3) This Regulation applies subject to regulations 53C and 53D.

53C          Reasonable benefit limit where amount in ADF, life
             assurance company or registered organisation
      (1) Where:
          (a) the Commissioner is to make a determination under
                section 140R or 140T of the Act in relation to a benefit
                paid, or commencing to be paid, to the person; and
          (b) on 15 February 1990 an amount was held in relation to the
                person by:
                  (i) an ADF, other than a continuously non-complying
                       ADF, in respect of an amount deposited with the
                       ADF on or before that date; or
                 (ii) a life assurance company or a registered organisation
                       in respect of a rolled-over amount deposited with the
                       company or organisation on or before that date;
           the amount of the person‘s transitional lump sum RBL or
           transitional pension RBL is the greater of:
          (c) the amount of the person‘s transitional lump sum RBL or
                transitional pension RBL, worked out in accordance with
                subregulation 53B (2);
           and:
          (d) subject to subregulations (2) and (3), if the person was at
                least 50 years old on 15 February 1990 — the sum of:
                  (i) the aggregate of the rolled-over amounts held in
                       ADFs, life assurance companies or registered
                       organisations on behalf of the person on that day;
                       and
                 (ii) the amount of earnings that have accrued after that
                       day on those amounts while held in those funds,
                       companies or organisations or in:
                        (A) other ADFs, life assurance companies or
                               registered organisations; or
                        (B) superannuation funds; and
                (iii) the amount of earnings on the amount referred to in
                       subparagraph (ii); or



44                         Income Tax Regulations 1936
                                     Reasonable benefit limits           Part 5A
                                              Specific RBLs            Division 2
                                                                 Regulation 53D


          (e) in any other case — the aggregate of the rolled-over
              amounts held in ADFs, life assurance companies or
              registered organisations on behalf of the person on that
              day.
      (2) For the purposes of subparagraph (1) (d) (ii), earnings are to be
          taken to accrue on amounts rolled-over to a superannuation
          fund and used to provide defined benefits at the rate of 10%
          annually.
      (3) For the purposes of applying paragraph (1) (d) to a person,
           where:
          (a) after 15 February 1990, an amount is paid out of a
                 superannuation fund, an ADF, life assurance company or
                 registered organisation in respect of the person; and
          (b) after that day the person rolled-over an amount to the
                 fund, company or organisation (not being an amount that
                 was held in another ADF, life assurance company or
                 registered organisation on behalf of the person on that
                 day);
           the amount referred to in paragraph (a) is taken to be applied
           first in reduction of the amount referred to in paragraph (b),
           and any earnings attributable to that amount, before being
           applied in reduction of the amount that was held in the fund,
           company or organisation on that day.

53D       Reasonable benefit limit where recipient member of
          certain fund on 15 August 1989
           Where:
          (a) the Commissioner is to make a determination under
                section 140R or 140T of the Act in relation to a
                superannuation pension that:
                  (i) has commenced to be paid to a person; and
                 (ii) is payable under rules that meet the pension and
                      annuity standards; and
          (b) the pension is payable by a superannuation fund of which
                the person was a member on 15 August 1989;
           the amount of the person‘s transitional lump sum RBL or
           transitional pension RBL is the greater of:


                         Income Tax Regulations 1936                          45
Part 5A            Reasonable benefit limits
Division 3         Registration procedure and review of decisions
Regulation 53E


             (c) the amount of the person‘s transitional lump sum RBL or
                   transitional pension RBL, worked out in accordance with
                   subregulation 53B (2);
              and:
             (d) the capital value of the pension under the governing rules
                   of the fund as at 15 August 1989.

Division 3                   Registration procedure and review
                             of decisions

53E          Registration of transitional RBLs
      (1) A person who, under regulation 52, 53 or 53A is an eligible
           person, must register a transitional RBL with the
           Commissioner:
          (a) not later than 31 December 1996; or
          (b) if the Commissioner grants an application for registration
               by a later date, by that date.
      (2) A person mentioned in subregulation (1) who wants to register
          by a later date (the applicant) must apply to the Commissioner
          in writing and must include with the application the reasons for
          needing a later registration date.
      (3) If the Commissioner refuses to allow registration at a later date,
          the Commissioner must give to the applicant a written notice
          setting out the reasons for the refusal.

53F          Form of registration
             Registration under regulation 53E must be in a form approved
             by the Commissioner for the purpose.

53FA         Review of decisions
      (1) This Regulation applies to a decision of the Commissioner
           under any of the following provisions:
          (a) subparagraph 47 (3) (c) (ii);
          (b) regulation 51;
          (c) regulation 53E.


46                          Income Tax Regulations 1936
                                        Reasonable benefit limits              Part 5A
                 Provisions under Division 14 of Part III of the Act         Division 4
                                                                       Regulation 53J


      (2) A person who is dissatisfied with a decision made in relation to
          the person may object against the decision in the manner set
          out in Part IVC of the Taxation Administration Act 1953.
      (3) During the 12 months from the commencement of this
          subregulation, the reference in subregulation (1) to
          subparagraph 47 (3) (c) (ii), regulation 51 and regulation 53E
          includes a reference to that subparagraph and those Regulations
          as in force from 1 July 1994 until the commencement of this
          subregulation.

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

53G       Interpretation
          In this Division:
          SIS Regulations means the Superannuation Industry
          (Supervision) Regulations as in force from time to time.

53H       Pension valuation factor (s 140C of the Act)
          For the purposes of the definition of pension valuation factor
          in section 140C of the Act, the factor mentioned in the
          definition is to be ascertained in accordance with Schedule 1B
          of the SIS Regulations.

53J       Pension and annuity standards (Act s 140L)
          For section 140L of the Act, the circumstances set out in the
          table are circumstances in which a pension or annuity is treated
          as meeting the pension standards mentioned in that section.

            Pension or annuity            Circumstances

            Annuity                       The annuity meets the standards set
                                          out in subregulation 1.05 (2), (9) or
                                          (10) of the SIS Regulations.




                          Income Tax Regulations 1936                               47
Part 5A            Reasonable benefit limits
Division 4         Provisions under Division 14 of Part III of the Act
Regulation 53K



              Pension or annuity            Circumstances

              Pension                       The pension meets the standards set
                                            out in subregulation 1.06 (2), (7) or (8)
                                            of the SIS Regulations, or
                                            subregulation 1.07 (3A) of the
                                            Retirement Savings Accounts
                                            Regulations 1997 (the SIS and RSA
                                            pension standards)
              Superannuation pension        The superannuation pension mentioned
              taken to have                 in paragraph 140M (1A) (c) of the Act
              commenced under               (that would have been paid to the
              paragraph                     original payee if there had not been a
              140M (1A) (e) of the          payment split) would have met the SIS
              Act                           and RSA pension standards
              Superannuation pension        The superannuation pension mentioned
              taken to have                 in paragraph 140M (1C) (a) of the Act
              commenced under               (that was paid before the payment
              paragraph                     split) met the SIS and RSA pension
              140M (1C) (g) of the          standards immediately before the
              Act                           payment split


53K          Payers of benefits — specified information
             (Act s 140M)
              For each of the following provisions of the Act, the payer
              mentioned in the provision must give to the Commissioner a
              notice containing the information set out in Schedule 2B:
             (a) subsection 140M (1);
             (b) paragraph 140M (1A) (f);
             (c) paragraph 140M (1C) (f).

53L          Payers of ETPs that are rolled-over — specified
             information (s 140Q of the Act)
             For the purposes of subsection 140Q (1) of the Act, the
             information that a payer mentioned in that section must give to
             the Commissioner is the information specified in Schedule 2B.




48                          Income Tax Regulations 1936
                                    Reasonable benefit limits              Part 5A
             Provisions under Division 14 of Part III of the Act         Division 4
                                                                   Regulation 53M



53M   Interpretation of Schedules 2A and 2B
       So far as the provisions of Division 1 of Part 5A are relevant,
       those provisions apply:
      (a) subject to clause 1 of Schedule 2A — in relation to that
            Schedule; and
      (b) in relation to Schedule 2B.




                      Income Tax Regulations 1936                               49
Part 6          Tax file numbers


Regulation 54




Part 6                   Tax file numbers

54       Interpretation
         In this Part:
         investment body means an investment body as defined in
         section 202D of the Act.
         investment reference number, in relation to an investment of a
         kind mentioned in section 202D of the Act, means the number
         used by the investment body in its records for the purpose of
         identifying the investments of investors.
         investor means an investor as defined in section 202D of the
         Act.
         phasing-in period means the phasing-in period mentioned in
         section 202DA of the Act.
         quarter means a period of 3 months commencing on 1 January,
         1 April, 1 July or 1 October.

55       File number reports
     (1) Each person who is an investment body in relation to any
         investments mentioned in section 202D of the Act in
         connection with which an investor‘s tax file number is quoted
         under Part VA of the Act, or ABN is quoted under section 12-
         155 of Schedule 1 to the Taxation Administration Act 1953,
         during a particular reporting period shall give to the
         Commissioner in a form approved by the Commissioner a
         written report of all such investments.
     (2) Subregulation (1) does not apply to an investment body in
          relation to a reporting period in respect of which:
         (a) there is in force an agreement between the investment
               body and the Commonwealth relating to the reporting of
               tax file numbers or ABNs; and
         (b) the investment body has complied with the provisions of
               the agreement.



50                      Income Tax Regulations 1936
                                            Tax file numbers           Part 6


                                                               Regulation 56


     (3) Subregulation (1) does not apply to a reporting period that
         ended before the beginning of the phasing-in period.
     (4) The report shall be given to the Commissioner within one
         month after the end of the reporting period to which it relates,
         or within such further time as the Commissioner, by written
         notice given to the investment body, allows.
     (5) The report shall state, in relation to each investment referred to
          in subregulation (1):
         (a) the investor‘s full name and address;
         (b) the investor‘s tax file number or ABN; and
         (c) the investment reference number (if any) in relation to the
               investment.
     (6) In this Regulation, reporting period means:
         (a) a quarter; or
         (b) in respect of an investment body to which a notice has
              been given under subregulation (7), the period specified in
              the notice.
     (7) The Commissioner may, by notice in writing given to an
         investment body, inform the body that, for the purposes of this
         Regulation, the period specified in the notice (being a period
         greater than 3 months) is to be the reporting period in respect
         of the body.

56       Annual investment income reports
     (1) A person who at any time during a financial year is an
         investment body that accepted any investments mentioned in
         section 202D of the Act must give to the Commissioner in a
         form approved by the Commissioner a written report relating to
         those investments.
     (2) Subregulation (1) does not apply to a financial year that ended
         at or before the end of the phasing-in period.
     (3) The report shall be given to the Commissioner within 4 months
         after the end of the financial year to which it relates, or within
         such further time as the Commissioner, by written notice given
         to the investment body, allows.


                        Income Tax Regulations 1936                       51
Part 6          Tax file numbers


Regulation 56


     (4) Subject to subregulation (4A), the report must state, in relation
          to each investment, in respect of the financial year:
         (a) the full name of:
                 (i) the investor; or
                (ii) each of 2 investors; or
               (iii) 2 of 3 or more investors;
               as the case requires; and
         (b) the address of:
                 (i) the investor; or
                (ii) 1 of 2 or more investors;
               as the case requires; and
         (c) where there were more than 2 investors — that fact; and
         (d) the tax file number (if any) quoted, for the purpose of
               Part VA of the Act, or the ABN (if any) quoted under
               section 12-155 of Schedule 1 to the Taxation
               Administration Act 1953, by:
                 (i) the investor; or
                (ii) each of 2 investors; or
               (iii) 2 of 3 or more investors;
               as the case requires; and
         (e) where an investor is to be taken to have quoted his or her
               tax file number because of the application of a provision
               of Division 5 of that Part — the code approved by the
               Commissioner; and
          (f) unless paragraph (fa) applies — the total amount of
               income paid by the investment body; and
        (fa) if income is paid under an eligible deferred interest
               investment entered into on or after 1 February 1992:
                 (i) so much of the payment as is a periodic interest
                      payment within the meaning of Division 16E of
                      Part III of the Act; and
                (ii) if the income became payable at the end of the term
                      of the investment — so much of the amount of the
                      payment as does not exceed the amount that would
                      have been included in the investor‘s assessable
                      income for the year of income in which the term



52                      Income Tax Regulations 1936
                                         Tax file numbers           Part 6


                                                            Regulation 56


                  ended if section 159GQ and paragraph 159GR (2)
                  (c) of the Act applied to the investor; and
            (iii) any amount that is taken under section 159GQ of the
                  Act to be included in the investor‘s assessable
                  income for the year of income, excluding any
                  amount of that kind for the year of income in which
                  the end of the term of the investment occurred; and
     (g)    the total amount of:
              (i) any deductions made under Division 3B of Part VI
                  of the Act; and
             (ii) any amounts withheld under sections 12-140 and
                  12-145 of Schedule 1 to the Taxation Administration
                  Act 1953; and
            (iii) any payments made under Division 14 of Schedule 1
                  to that Act because of the operation of sections
                  12-140 and 12-145; and
    (ga)    the amount of any TFN withholding tax paid by the
            investment body; and
     (h)    where the investment body has paid an amount of income
            to a non-resident:
              (i) the overseas address of the non-resident; and
             (ii) the overseas address code applicable to that address,
                  being one of the codes specified by the
                  Commissioner; and
            (iii) the total amount of deductions (if any) made under
                  Division 4 of Part VI of the Act, any amount
                  withheld under Subdivision 12-F of Schedule 1 to
                  the Taxation Administration Act 1953 and any
                  payment made under Division 14 of that Schedule
                  because of the operation of Subdivision 12-F;
      (j)   the investment reference number (if any).
(4A) In relation to each secondary investment to which section
      202DDB of the Act applies, the report must state in respect of
      the financial year:
     (a) the full name of the interposed entity; and
     (b) the full name of each of the primary investors identified in
           the descriptive title of the investment in accordance with
           regulation 56A; and

                     Income Tax Regulations 1936                       53
Part 6           Tax file numbers


Regulation 56


           (c) the address of the interposed entity; and
           (d) the tax file number (if any) quoted, or taken to have been
                quoted, for the purpose of Part VA of the Act, and the
                ABN (if any) quoted under section 12-155 of Schedule 1
                to the Taxation Administration Act 1953, by the interposed
                entity; and
           (e) where the interposed entity is taken to have quoted the
                interposed entity‘s tax file number because of the
                application of a provision of Division 5 of that Part — the
                code approved by the Commissioner; and
            (f) the total amount of income paid by the secondary
                investment body, excluding any amount that is taken to be
                included in the income of an investor under section
                159GQ or paragraph 159GR (2) (c) of the Act; and
          (fa) in respect of an investment entered into on or after
                1 February 1992 — the total amount that is taken to be
                included in the income of the investor, or each of the
                investors, under section 159GQ of the Act excluding
                income that has already been included in a report under
                this subregulation; and
         (fb) in respect of an investment entered into on or after
                1 February 1992 — any amount that is taken to be
                included in the income of an investor under paragraph
                159GR (2) (c) of the Act; and
           (g) the total amount of:
                  (i) any deductions made under Division 3B of Part VI
                       of the Act; and
                 (ii) any amounts withheld under section 12-140 or
                       12-145 of Schedule 1 to the Taxation Administration
                       Act 1953; and
                (iii) any payments made under Division 14 of Schedule 1
                       to that Act because of the operation of sections
                       12-140 and 12-145; and
         (ga) the amount of any TFN withholding tax paid by the
                investment body; and
           (h) the investment reference number (if any).




54                       Income Tax Regulations 1936
                                        Tax file numbers           Part 6


                                                           Regulation 56


 (5) Subject to subregulation (5B), subregulation (1) does not apply
     to an investment in relation to a financial year if the total
     amount of income paid on the investment is less than $1.
(5A) Subject to subregulation (5B), subregulation (1) does not apply
     to a person who at any time during a financial year is an
     investment body that accepted an investment if the total
     number of the investments that the person accepted during the
     financial year is less than 10.
(5B) Subregulation (1) applies to an investment in relation to a
      financial year if a person who at any time in the financial year
      is the investment body that accepted the investment is required:
     (a) to deduct under subsection 221YHZC (1A) of the Act, or
           to withhold under section 12-140 or 12-145 of Schedule 1
           to the Taxation Administration Act 1953, an amount from
           any income that an investor is entitled to receive in the
           financial year in respect of the investment; or
     (b) to pay an amount to the Commissioner under Division 14
           of Schedule 1 to that Act because of the operation of those
           sections.
(5C) For the purposes of paragraph (4) (fa), any accounting period,
     other than a year of income, that is adopted in relation to the
     income is to be ignored.
 (6) For the purposes of paragraphs (4) (f) and (h), (4A) (f) and
      subregulation (5):
     (a) where income is not actually paid to a person but is
          reinvested, accumulated, capitalised or otherwise dealt
          with on behalf of the person, or as the person directs, the
          income shall be taken to be paid to the person when it is so
          reinvested, accumulated, capitalised or otherwise dealt
          with;
     (b) where a person becomes presently entitled, as an investor
          in relation to an investment of the kind mentioned in item
          5 in the table in subsection 202D (1) of the Act, to a share
          of income in respect of the investment, that share of the
          income shall be taken to be paid to the person as income in
          respect of the investment when the person becomes so
          entitled.


                    Income Tax Regulations 1936                       55
Part 6           Tax file numbers


Regulation 56A


      (9) In this Regulation investor, in relation to an investment in
          relation to a financial year, means a person who was, at any
          time during the financial year, an investor, as defined in
          section 202D of the Act, in relation to the investment.

56A       Paragraph 202DDB (1) (b) of the Act: condition
          For the purposes of paragraph 202DDB (1) (b) of the Act, the
          condition is that the secondary investment must have a
          descriptive title which identifies all the primary investors.

57        Reviewable decisions
          For the purposes of section 202F of the Act, the following
          decisions of the Commissioner, being decisions made
          following an application by the investment body concerned, are
          reviewable decisions:
         (a) a decision refusing to extend, or extending, the time
               referred to in subregulation 55 (4);
         (b) a decision refusing to give, or giving, a notice under
               subregulation 55 (7);
         (c) a decision refusing to extend, or extending, the time
               referred to in subregulation 56 (3);
         (d) a decision varying or revoking a notice given under
               subregulation 55 (4), 55 (7) or 56 (3).




56                       Income Tax Regulations 1936
                                          Collection and recovery of tax            Part 7
     Collection by instalments of tax on persons other than companies           Division 2
                                                                           Regulation 97




Part 7                          Collection and recovery of tax

Division 1                      General

66           Where no administration of estate
             The order which may be issued in pursuance of subsection 220
             (5) of the Act shall be in accordance with Form 4.
             Note An order may not be issued under subsection 220 (5) of the Act in
             relation to a person who dies on or after 1 July 2000 — see
             subsection 220 (9) of the Act. For provisions about collection and recovery
             of outstanding tax-related liabilities in relation to a person who dies on or
             after 1 July 2000, see Subdivision 260-E in Schedule 1 to the Taxation
             Administration Act 1953.


Division 2                      Collection by instalments of tax on
                                persons other than companies

Subdivision 3                   Eligible termination payments

97           Definitions for Subdivisions 3 and 3A
        (1) Expressions used in this Subdivision or Subdivision 3A that are
            used in Subdivisions AAA and AAB of Division 17 of Part III
            of the Act have, unless the contrary intention appears, the same
            meanings in this Subdivision and Subdivision 3A as in
            Subdivisions AAA and AAB of Division 17 of Part III of the
            Act.
        (2) In this Subdivision and Subdivision 3A:
            15 February 1990 roll-over balance, for a person, means the
            amount mentioned in paragraph 53C (1) (d) or (e).
            applied amount has the meaning given by subparagraph 27D
            (1) (b) (ii) of the Act.
            approved deposit fund has the meaning given by subsection
            27A (1) of the Act.



                               Income Tax Regulations 1936                             57
Part 7              Collection and recovery of tax
Division 2          Collection by instalments of tax on persons other than companies
Regulation 97


              cash amount has the meaning given to retained amount by
              subsection 27AC (2) of the Act.
              CGT exempt component has the meaning given by subsection
              27A (1) of the Act.
              commencement day has the meaning given by subsection
              27AAAA (6) of the Act.
              commutation ETP has the meaning given by subsection
              27AAAA (2) of the Act.
              death benefit is a payment of a kind mentioned in Table 1 of
              subsection 27AAA (2) of the Act.
              dependant has the meaning given by paragraph (b) of the
              definition of dependant in subsection 27A (1) of the Act.
              eligible service period has the meaning given by subsection
              27A (1) of the Act.
              ETP has the meaning given to eligible termination payment in
              subsection 27A (1) of the Act.
              ETP pre-payment statement means a statement, given by the
              payer to the taxpayer, under regulation 99.
              ETP roll-over statement means a statement given under
              regulation 99D.
              original underlying commutation ETP has the meaning given
              by subsection 27AAAA (5) of the Act.
              payer means a person or entity who makes an ETP.
              post-June 83 component, in relation to an ETP, means the
              amount that would be the post-June 83 component of that ETP
              for the purposes of paragraph (e) of subsection 27AA (1) of the
              Act, if:
             (a) paragraph (ca) of that subsection were omitted; and
             (b) the expression ― — EC‖ (wherever occurring) were
                   omitted from paragraph (d) of that subsection.
              pre-July 83 component, in relation to an ETP, means the
              amount that would be the pre-July 83 component of that ETP
              for the purposes of paragraph 27AA (1) (d) of the Act if the
              expression ― — EC‖ (wherever occurring) were omitted from
              that paragraph.
              preserved benefits has the same meaning as in Part 6 of the
              Superannuation Industry (Supervision) Regulations.

58                           Income Tax Regulations 1936
                                          Collection and recovery of tax            Part 7
     Collection by instalments of tax on persons other than companies           Division 2
                                                                           Regulation 98


             qualifying eligible termination payment has the meaning
             given by subsection 27A (12) of the Act.
             receiving fund means the recipient of a qualifying eligible
             termination payment.
             regulated superannuation fund has the meaning given by
             section 19 of the Superannuation Industry (Supervision) Act
             1993.
             restricted non-preserved benefits has the same meaning as in
             Part 6 of the Superannuation Industry (Supervision)
             Regulations.
             retirement savings account provider has the meaning given by
             section 12 of the Retirement Savings Accounts Act 1997.
             roll-over payment, in relation to an ETP, means the payment of
             an amount in the manner described in subsection 27A (12) of
             the Act.
             taxed element of the post-June 83 component means the
             extent, determined under section 27AB of the Act, to which the
             post-June 83 component consists of a taxed element.
             underlying commutation ETP has the meaning given by
             subsection 27AAAA (3) of the Act.
             unrestricted non-preserved benefits has the same meaning as
             in Part 6 of the Superannuation Industry (Supervision)
             Regulations.

98           Family law superannuation interest splits
             (Act s 27ACB)
        (1) For paragraph 27ACB (1) (a) of the Act, the circumstances are
            that the interest is created for the non-member spouse in such a
            way that, because of Division 2.2 of the Family Law
            (Superannuation) Regulations 2001, a payment in respect of
            the superannuation interest of the member spouse made after
            the interest is created, would not be a splittable payment.
             Note Division 2.2 of the Family Law (Superannuation) Regulations 2001
             sets out the ways that a superannuation agreement, flag lifting agreement or
             splitting order made under the Family Law Act 1975 may be satisfied. If the
             agreement or order has been satisfied, any future payment would not be a
             splittable payment.




                               Income Tax Regulations 1936                             59
Part 7              Collection and recovery of tax
Division 2          Collection by instalments of tax on persons other than companies
Regulation 99


      (2) For paragraph 27ACB (1) (b) of the Act, the circumstances are
          that the amount is transferred to a superannuation fund for the
          benefit of the non-member spouse in such a way that, because
          of Division 2.2 of the Family Law (Superannuation)
          Regulations 2001, a payment in respect of the superannuation
          interest of the member spouse made after the amount is
          transferred, would not be a splittable payment.
             Note Division 2.2 of the Family Law (Superannuation) Regulations 2001
             sets out the ways that a superannuation agreement, flag lifting agreement or
             splitting order made under the Family Law Act 1975 may be satisfied. If the
             agreement or order has been satisfied, any future payment would not be a
             splittable payment.

      (3) In this regulation:
          splittable payment has the same meaning as in Part VIIIB of
          the Family Law Act 1975.

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

99           Payer must give taxpayer ETP pre-payment
             statement
      (1) Before an ETP is made in respect of a taxpayer, the payer must
          give to the taxpayer or an agent of the taxpayer an ETP
          pre-payment statement.
             Penalty: 5 penalty units.
     (1A) An offence under subregulation (1) is an offence of strict
          liability.
             Note For strict liability, see section 6.1 of the Criminal Code.

      (2) However, the payer does not have to give the taxpayer an ETP
           pre-payment statement if:
          (a) the payer is:
                 (i) a regulated superannuation fund or an approved
                     deposit fund; and
                (ii) allowed, under the Superannuation Industry
                     (Supervision) Act 1993, to transfer or roll-over the
                     benefit without the consent of the taxpayer; or


60                            Income Tax Regulations 1936
                                      Collection and recovery of tax             Part 7
 Collection by instalments of tax on persons other than companies            Division 2
                                                                       Regulation 99A


         (b) the payer is:
               (i) a retirement savings account provider; and
              (ii) allowed, under the Retirement Savings Accounts
                   Act 1997, to transfer or roll-over the benefit without
                   the consent of the taxpayer; or
         (c) the payment is a death benefit; or
         (d) the payment is of a kind mentioned in paragraph (a) or
             (jaa) of the definition of eligible termination payment in
             subsection 27A (1) of the Act, and is:
               (i) not more than $5000; or
              (ii) a CGT exempt component; or
         (e) the payer has received from the taxpayer or an agent of the
             taxpayer authority to make the payment and payment
             instructions in accordance with regulation 99E.

99A       Contents of ETP pre-payment statement
      (1) The payer must set out in an ETP pre-payment statement at
           least the following information:
          (a) the name, business address and contact telephone number
                of the payer;
          (b) the name, contact address last known to the payer, and
                date of birth (if known), of the taxpayer;
          (c) the amount, or notional amount, of the ETP that is payable
                to the taxpayer;
          (d) the amounts, or the notional amounts, of so much of the
                ETP as comprises each of the following:
                  (i) the preserved benefits;
                 (ii) the restricted non-preserved benefits;
                (iii) the unrestricted non-preserved benefits;
          (e) an explanation of the effect of the classification of
                amounts, or notional amounts, under paragraph (d) that:
                  (i) are available to be taken in cash (if any);
                 (ii) can be rolled-over (if any);
                (iii) must be rolled-over (if any);
           (f) the amounts, or the notional amounts, of so much of the
                ETP as comprises each of the following:


                           Income Tax Regulations 1936                              61
Part 7              Collection and recovery of tax
Division 2          Collection by instalments of tax on persons other than companies
Regulation 99B


                     (i) each component mentioned in section 27AA of the
                         Act;
                    (ii) each element mentioned in section 27AB of the Act;
             (g)   the commencement date of the eligible service period;
             (h)   the number of pre-July 83 days, and post-June 83 days, in
                   the eligible service period, as calculated by the payer to
                   the date mentioned in subregulation (3);
             (i)   the amount, or notional amount, of the 15 February 1990
                   roll-over balance (if known);
             (j)   the date in relation to which the information given under
                   paragraphs (a) to (i) was, or is expected to be, correct;
             (k)   the date when the ETP pre-payment statement is issued.
             Penalty: 5 penalty units.
     (1A) An offence under subregulation (1) is an offence of strict
          liability.
             Note For strict liability, see section 6.1 of the Criminal Code.

      (2) If an amount referred to in subregulation (1) is nil, the payer
          does not have to set out that amount in the ETP pre-payment
          statement.
      (3) For subregulation (1), notional amount means an amount
          calculated by the payer to a particular date and may include
          projected figures.

99B          Taxpayer to give payer instructions
      (1) The payer must also include in the ETP pre-payment statement
          given under regulation 99 a request that the taxpayer give
          payment instructions in accordance with regulation 99E to the
          payer within 30 days after the statement is issued or a shorter
          time reasonably required by the payer.
             Penalty: 5 penalty units.
     (1A) An offence under subregulation (1) is an offence of strict
          liability.
             Note For strict liability, see section 6.1 of the Criminal Code.




62                            Income Tax Regulations 1936
                                      Collection and recovery of tax             Part 7
 Collection by instalments of tax on persons other than companies            Division 2
                                                                       Regulation 99C


      (2) The ETP pre-payment statement may include a statement about
          how, if no instructions are received, the payer will deal with
          the payment.
      (3) For subregulation (1), a shorter time may reasonably be
           required if:
          (a) both:
                 (i) the payment is of a kind mentioned in paragraph (a)
                      of the definition of eligible termination payment in
                      subsection 27A (1) of the Act; and
                (ii) an agreement, including an employment contract or
                      award, between the payer and the taxpayer provides
                      that a payment should be made in a shorter time; or
          (b) the payer considers it is in the taxpayer‘s best interests.

99C       Instructions to make a payment
      (1) A payer who has received payment instructions in accordance
          with regulation 99E must comply with those instructions.
          Penalty: 5 penalty units.
  (1A) An offence under subregulation (1) is an offence of strict
       liability.
          Note For strict liability, see section 6.1 of the Criminal Code.

      (2) It is a defence to a prosecution under subregulation (1) that to
           comply with subregulation (1) would result in a breach by the
           payer of:
          (a) a law of the Commonwealth, a State or a Territory; or
          (b) the terms of any agreement between the payer and the
                taxpayer.
          Note 1 For paragraph 99C (2) (a), the following are examples of
          Commonwealth laws:
          (a) Subdivision AA of Division 2 of Part III of the Income Tax Assessment
              Act 1936;
          (b) Part 4 of the Retirement Savings Accounts Regulations 1997;
          (c) Part 6 of the Superannuation Industry (Supervision) Regulations 1924.
          Note 2 A defendant bears an evidential burden for the matters mentioned
          in subregulation (2) (see section 13.3 of the Criminal Code).



                           Income Tax Regulations 1936                              63
Part 7             Collection and recovery of tax
Division 2         Collection by instalments of tax on persons other than companies
Regulation 99D



99D          Payer to give receiving fund an ETP roll-over
             statement
      (1) A payer must give to the receiving fund, directly or in
           accordance with payment instructions under regulation 99E,
           within 7 days after the roll-over, an ETP roll-over statement
           setting out at least the following information:
          (a) the taxpayer‘s name and date of birth (if known);
          (b) the contact address of the taxpayer last known to the
                payer;
          (c) the taxpayer‘s tax file number, if required or permitted
                under subsection 299M (2) or 299N (2) of the
                Superannuation Industry (Supervision) Act 1993, or
                subsection 138 (2) of the Retirement Savings Accounts
                Act 1997;
          (d) the name and contact telephone number of the payer;
          (e) the name and address of the receiving fund;
           (f) the amount paid to the receiving fund;
          (g) the amounts of the preserved benefits, restricted
                non-preserved benefits and unrestricted non-preserved
                benefits in the applied amount;
          (h) the commencement date of the eligible service period;
           (i) the number of pre-July 83 days and post-June 83 days in
                the eligible service period;
           (j) subject to regulation 99F, the amount of each tax
                component of the roll-over payment mentioned in
                subparagraph 27D (1) (b) (iii) of the Act;
          (k) the amount of the 15 February 1990 roll-over balance
                (if known);
           (l) whether, in accordance with regulation 99G, the applied
                amount relates to a pre-1 July 1994 pension or annuity;
         (m) the name, telephone number and address of the taxpayer‘s
                agent, if the taxpayer asks that this information be
                included.
             Penalty: 5 penalty units.
      (2) It is a defence to a prosecution under subregulation (1) for a
          failure to set out an amount that the amount was nil.


64                          Income Tax Regulations 1936
                                      Collection and recovery of tax             Part 7
 Collection by instalments of tax on persons other than companies            Division 2
                                                                       Regulation 99G


          Note A defendant bears an evidential burden for the matter mentioned in
          subregulation (2) (see section 13.3 of the Criminal Code).

      (3) An offence under subregulation (1) is an offence of strict
          liability.
          Note For strict liability, see section 6.1 of the Criminal Code.


99E       Payment instructions
          Payment instructions are in accordance with this Regulation if
          they are sufficient to enable the payer to make an ETP,
          including, in particular, information sufficient:
         (a) to identify the amount and destination of any roll-over
               payment; and
         (b) to identify the amount of any cash amount; and
         (c) to identify the tax components and preservation amounts
               of each roll-over payment and cash amount; and
         (d) to indicate how any 15 February 1990 roll-over balance (if
               known) is to be distributed.

99F       Aggregated amount of pre-July 83 component and
          taxed element of post-June 83 component
          For the purposes of paragraph 99D (1) (j), the pre-July 83
          component and the taxed element of the post-June 83
          component may be shown as an aggregated amount.

99G       Applied amount
          For paragraph 99D (1) (l), an applied amount relates to a
          pre-1 July 1994 pension or annuity if the applied amount is a
          commutation ETP and the pension or annuity that gives rise to
          the commutation ETP:
         (a) has a commencement day before 1 July 1994; or
         (b) has 1 or more underlying commutation ETPs and, for each
               original underlying commutation ETP, the commencement
               day of the relevant pension or annuity is before 1 July
               1994.
          Note The circumstances in which a pension or annuity gives rise to a
          commutation ETP are set out in subsection 27AAAA (4) of the Act.



                           Income Tax Regulations 1936                              65
Part 7              Collection and recovery of tax
Division 2          Collection by instalments of tax on persons other than companies
Regulation 99H



99H          ETP roll-over statement to be given to taxpayer
      (1) The payer must give to the taxpayer or an agent of the taxpayer
          a copy of the ETP roll-over statement within 30 days after the
          roll-over.
             Penalty: 5 penalty units.
      (2) An offence under subregulation (1) is an offence of strict
          liability.
             Note For strict liability, see section 6.1 of the Criminal Code.

      (3) It is a defence to a prosecution under subregulation (1) that
          paragraph 99 (2) (a) or (b) applies to the payer.
             Note A defendant bears an evidential burden for the matter mentioned in
             subregulation (3) (see section 13.3 of the Criminal Code).


99I          Records to be kept
      (1) If instructions of the kind mentioned in paragraph 99 (2) (e) or
          regulation 99B are given, the payer and the taxpayer must each
          keep a copy of the instructions for 5 years from the date when
          the instructions were given.
             Penalty: 5 penalty units.
      (2) If a payer gives an ETP roll-over statement to a receiving fund
          under regulation 99D, the payer and the receiving fund must
          each keep a copy of the statement for 5 years after the date of
          the roll-over.
             Penalty: 5 penalty units.
      (3) An offence under subregulation (1) or (2) is an offence of strict
          liability.
             Note For strict liability, see section 6.1 of the Criminal Code.


99L          Who has authority to sign forms
      (1) This regulation applies if:
          (a) a payer is required by this Subdivision to give a form to a
              person; and
          (b) the form is issued to the person.


66                            Income Tax Regulations 1936
                                       Collection and recovery of tax            Part 7
  Collection by instalments of tax on persons other than companies           Division 2
                                                                    Regulation 100B


      (2) The payer may authorise a person in writing, in accordance
          with subregulation (4), to issue the form.
      (3) The payer commits an offence if the form is not signed and
          dated on the day when it is issued to the person.
          Penalty: 5 penalty units.
      (4) An offence under subregulation (3) is an offence of strict
          liability.
          Note For strict liability, see section 6.1 of the Criminal Code.

      (5) For subregulation (2), an authorisation must:
          (a) state the date when the authorisation starts; and
          (b) be kept for 5 years from the date when the authorisation
               ceases to have effect.
      (6) If the name of the authorised person appears on the form, the
          form is taken to be signed by the payer unless it is proved that
          the form was issued without authority.

99M       Electronic transmission and storage of forms
      (1) Any information that is required by this Subdivision to be
          given to a person may be transmitted electronically.
      (2) Any information that is required by this Subdivision to be kept
          may be kept electronically.

Subdivision 3B               Eligible termination payments
                             (contravention notices)

100A      Interpretation
          In this Subdivision:
          officer means an officer of the ATO.

100B      Contravention notice
          If the Commissioner has reason to believe that a person has
          contravened Regulation 99C or 99D, or subregulation 99 (1),
          99A (1), 99B (1), 99H (1), 99I (1), 99I (2) or 99L (1), the


                            Income Tax Regulations 1936                             67
Part 7             Collection and recovery of tax
Division 2         Collection by instalments of tax on persons other than companies
Regulation 100C


             Commissioner may cause a notice (a contravention notice) to
             be served on the person in accordance with this Subdivision.

100C         Contents of contravention notice
     (1) A contravention notice must set out:
         (a) particulars of the alleged contravention; and
         (b) the penalty for the contravention; and
         (c) the person to whom, the place at which, and the manner in
             which, the penalty may be paid; and
         (d) the date of the notice and a statement that the penalty may
             be paid within 14 days after that date; and
         (e) any other particulars the Commissioner thinks necessary.
     (2) For paragraph (1) (b), the penalty for the contravention is
         1 penalty unit.

100D         Notification that person may pay penalty
             A contravention notice must state that, if the person does not
             wish the matter to be dealt with by a court, the person may
             lodge with the Commissioner a signed statement to that effect
             in the manner stated in the notice and pay the penalty for the
             contravention.

100E         Contents of contravention notice — other matters
             A contravention notice may contain any other matter that the
             Commissioner considers relevant.

100G         No requirement to serve contravention notice
             This Subdivision does not require the service of a
             contravention notice or affect the liability of a person to be
             prosecuted in a court for a contravention of a provision
             mentioned in regulation 100B for which a contravention notice
             has not been served.

100H         Consequences of payment of penalty
             If:


68                          Income Tax Regulations 1936
                              Collection and recovery of tax             Part 7
                         Rate of deduction for car expenses          Division 8
                                                               Regulation 146


       (a) a contravention notice has been served on a person; and
       (b) before the end of the period of 14 days stated in the notice
             or, if the Commissioner so allows, at any time before
             service of a summons for the contravention, the penalty is
             paid under the notice; and
       (c) a statement, signed by the person, to the effect that the
             person does not wish the matter to be dealt with by a
             court, is received by the person to whom the penalty is
             paid; and
       (d) the contravention that resulted in the service of the
             contravention notice has ceased;
        the following provisions have effect:
       (e) any liability of the person for the contravention is taken to
             be discharged;
        (f) no further proceedings are to be taken for the
             contravention;
       (g) no conviction for the contravention is taken to have been
             recorded.

100I   Payment by cheque
       If the penalty is paid by cheque, payment is taken not to be
       made unless the cheque is honoured on presentation.

100J   Other proceedings not affected
       Except as provided by regulation 100H, this Subdivision does
       not prejudice or affect the institution or prosecution of
       proceedings for a contravention of a provision mentioned in
       regulation 100B or limit the amount of the fine that may be
       imposed by a court for such a contravention.

Division 8            Rate of deduction for car expenses

146    Interpretation
       In this Division, unless the contrary intention appears, car has
       the meaning given by section 11-1 of Schedule 2A to the Act.



                     Income Tax Regulations 1936                            69
Part 7               Collection and recovery of tax
Division 12          Prompt recovery, through estimates and payment agreements, of
                     amounts not remitted under Divisions 2, 3A, 3B and 4 of Part VI of
                     the Act
Regulation 147


147           Prescribed rate for the purposes of section 3-2 of
              Schedule 2A to the Act
           For the purposes of section 3-2 of Schedule 2A to the Act, the
           prescribed rate applicable to the engine capacity of a car falling
           within the range specified:
          (a) in the case of a car not powered by a rotary engine — in
                Column 2; or
          (b) in the case of a car powered by a rotary engine — in
                Column 3;
           of an item in Schedule 6 is, in relation to the year or years of
           income specified in the heading to the part of that Schedule in
           which that item appears, the rate specified in Column 4 of that
           item.
              Note For the prescribed rates for the 1997-98 and later years of income,
              see regulation 28-25.01 of the Income Tax Assessment Regulations.


Division 12                    Prompt recovery, through
                               estimates and payment
                               agreements, of amounts not
                               remitted under Divisions 2, 3A, 3B
                               and 4 of Part VI of the Act

147G          Affidavits and statutory declarations of government
              bodies — prescribed persons
      (1) For the purposes of paragraphs 222AGF (7) (c), 222AHE (5)
          (c) and 222AIH (4) (c) of the Act, a prescribed person is a
          Paying Officer of the government body.
      (2) In subregulation (1), Paying Officer means an officer of the
          government body who, by law or by reason of holding any
          office in the government body, disburses, or is responsible for
          disbursing, moneys of the government body.




70                            Income Tax Regulations 1936
      Rebate for low income aged persons and in respect of certain            Part 8
                                           pensions and benefits
                                                         General           Division 1
                                                                     Regulation 148




Part 8                      Rebate for low income aged
                            persons and in respect of
                            certain pensions and benefits

Division 1                  General

148       Interpretation
           In this Part:
           illness-separated-rate social security pension means a
           rebatable pension under SSA91 that is payable in the
           circumstances referred to in:
          (a) column 2 of item 3 in table B in point 1064-B1 of SSA91;
                or
          (b) column 2 of item 3 in table B in point 1065-B1 of SSA91.
           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 in 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 has the same meaning as in SSA91 and
           VEA.
           partner has the same meaning as in SSA91 and VEA.
           partnered-rate social security pension means a rebatable
           pension under SSA91 that is payable in the circumstances
           referred to in:
          (a) column 2 of item 2 of Table B at point 1064-B1 of SSA91;
                or
          (b) column 2 of item 2 of Table B at point 1065-B1 of SSA91.
           rebatable benefit and rebatable pension have the same
           meanings as in section 160AAA of the Act.




                           Income Tax Regulations 1936                            71
Part 8             Rebate for low income aged persons and in respect of certain
                   pensions and benefits
Division 1A        Rebate under sections 160AAAA and 160AAAB of the Act
Regulation 149


           single-rate social security pension means a rebatable pension
           under SSA91 that is payable in the circumstances:
          (a) referred to in column 2 of item 1 in Table B in point
                1064-B1 of SSA91; or
          (b) referred to in column 2 of item 1 in Table B in point
                1065-B1 of SSA91; or
          (c) to which the rate at point 1066-B1 of SSA91 is applicable.
           SSA91 means the Social Security Act 1991.
           tax-free threshold, in relation to a year of income, means an
           amount of income equal to the lowest amount mentioned in the
           table in Part 1 of Schedule 7 to the Income Tax Rates Act 1986
           as that table would apply to the year of income of a person if
           the effect of Division 5 of that Act were disregarded in relation
           to the person.
           VEA means the Veterans’ Entitlements Act 1986.

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

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

150AA Definitions
           In this Division:
           rebate threshold has the meaning given by subregulation
           150AB (3).
           relevant income-recipient means:
          (a) the taxpayer, if the taxpayer is an individual (except in the
                capacity of a trustee); and



72                         Income Tax Regulations 1936
    Rebate for low income aged persons and in respect of certain            Part 8
                                         pensions and benefits
       Rebate under sections 160AAAA and 160AAAB of the Act            Division 1A
                                                             Regulation 150AB

        (b) the beneficiary of a trust, if the trustee in relation to the
            trust:
              (i) is the taxpayer; and
             (ii) 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.

150AB Eligibility — amount of taxable income
    (1) For subsection 160AAAA (3) or 160AAAB (3) of the Act, the
        amount mentioned is:
                     rebate amount
                                        taxpayer‘s rebate threshold
                          0.125

    (2) A taxpayer‘s rebate amount for a year of income is the amount
        in the relevant item in the following 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

  (2A) For subregulation (2):
        member of a couple means a person (other than a member of
        an illness-separated couple) who, at any time in the year of
        income, was the spouse of another person.
        member of an illness-separated couple means a person who, at
        any time in the year of income:
       (a) is entitled to receive an illness-separated-rate social
             security pension or illness-separated-rate service pension;
             or
       (b) is the spouse of another person from whom the spouse is
             separated in circumstances in which, if the spouse was
             otherwise entitled to receive a partnered-rate social
             security pension, the spouse would be entitled to receive
             an illness-separated-rate social security pension.




                         Income Tax Regulations 1936                            73
Part 8                Rebate for low income aged persons and in respect of certain
                      pensions and benefits
Division 1A           Rebate under sections 160AAAA and 160AAAB of the Act
Regulation 150AB

              single person means a person who, at any time in the year of
              income is not the spouse of another person.
     (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.
      (3) For this regulation, a rebate threshold for a year of income is
          worked out using the following table:

               Item   If the person is    The rebate threshold is worked out using the
                                          formula

               1      A single             ((A x B) - C (A - D) + E + 0.04 x A + F) 
                      person                                                        
                                                             0.34                   
               2      A member of a
                      couple or a            F+E
                                          D+    
                      member of an            C 
                      illness-
                      separated
                      couple

              where:
              A is the threshold at the upper conclusion of the lowest
              marginal tax rate.
              B is the rate that would be the lowest marginal tax rate, if not
              for the rate mentioned in factor C.
              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, for a person, is the rebate amount mentioned in
              subregulation (2).
              Note lowest marginal tax rate and tax-free threshold are defined in
              regulation 148.

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


74                            Income Tax Regulations 1936
    Rebate for low income aged persons and in respect of certain         Part 8
                                         pensions and benefits
       Rebate under sections 160AAAA and 160AAAB of the Act         Division 1A
                                                             Regulation 150AE


150AD Rebate for low income aged persons
         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) for the year of income ending on 30 June 1997:
                (i) if the relevant income-recipient‘s taxable income of
                    the year of income does not exceed his or her rebate
                    threshold — half the taxpayer‘s rebate amount; or
               (ii) if the relevant income-recipient‘s taxable income of
                    the year of income exceeds his or her rebate
                    threshold — half the taxpayer‘s rebate amount as
                    reduced by 12.5 cents for each $1 of the amount of
                    the excess; and
        (b) for a later year of income:
                (i) if the relevant income-recipient‘s taxable income of
                    the year of income does not exceed his or her rebate
                    threshold — the taxpayer‘s rebate amount; or
               (ii) if the relevant income-recipient‘s taxable 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.

150AE    Transfer of unused rebate from taxpayer other than
         trustee
   (1) Regulation 150AD is affected by subregulation (2) if, in
        relation to a year of income:
       (a) a taxpayer (TP1) is:
               (i) entitled to a rebate of tax under section 160AAAA
                    or 160AAA of the Act; and
              (ii) the relevant income-recipient in relation to the rebate
                    to which he or she is entitled; and
      (aa) a person (TP2) who is, at any time in that year of income,
             TP1‘s spouse is:



                         Income Tax Regulations 1936                        75
Part 8           Rebate for low income aged persons and in respect of certain
                 pensions and benefits
Division 1A      Rebate under sections 160AAAA and 160AAAB of the Act
Regulation 150AE

                (i) entitled to a rebate of tax under section 160AAAA
                    of the Act; and
               (ii) the relevant income-recipient in relation to the rebate
                    to which he or she is entitled; and
          (b) TP1‘s:
                (i) rebate amount for the year of income worked out
                    under this regulation; or
               (ii) adjusted rebate amount worked out under regulation
                    151;
              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.
     (2) In the circumstances mentioned in subregulation (1), the rebate
          amount for the year of income is:
         (a) for TP1:
                (i) the amount ascertained under subregulation
                    150AB (2); or
               (ii) the adjusted rebate amount ascertained under
                    subregulation 151 (3);
              reduced by the amount of the excess rebate amount
              mentioned in paragraph (1) (b); and
         (b) for TP2 — the amount ascertained under subregulation
              150AB (2) increased by the amount of the excess rebate
              amount mentioned in paragraph (1) (b).
     (3) Regulation 150AD is affected by subregulation (4) if, in
          relation to a year of income:
         (a) a taxpayer (TP1) is:
                 (i) under section 160AAAA or 160AAA of the Act —
                      entitled to a rebate of tax; and
                (ii) in relation to the rebate to which he or she is
                      entitled — the relevant income-recipient; 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


76                       Income Tax Regulations 1936
 Rebate for low income aged persons and in respect of certain         Part 8
                                      pensions and benefits
    Rebate under sections 160AAAA and 160AAAB of the Act         Division 1A
                                                          Regulation 150AE

         taxpayer (TP2) who is entitled under section 160AAAB to
         a rebate of tax; and
     (c) TP1‘s:
           (i) rebate amount for the year of income worked out
               under this regulation; or
          (ii) adjusted rebate amount worked out under regulation
               151;
         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.
 (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 mentioned in paragraph (3) (c).
 (5) For paragraphs (1) (c) and (3) (d), if the year of income
     concerned is the year of income ending on 30 June 1997, the
     amount of rebate to which TP2 is entitled is taken to be the
     amount mentioned in paragraph 150AD (b).
 (6) If the year of income mentioned in subregulation (1) or (3) is
     the year of income ending on 30 June 1997, the amount
     ascertained under paragraph (2) (b) or (4) (b) is limited to the
     amount of tax payable by TP2 in respect of income of that
     year.
 (7) This Regulation applies whether TP1 is, or is not, the same
     person as TP2.
(10) This regulation does not apply if TP2 was in receipt of a
     benefit under Part 2.11, 2.12, 2.14 or 2.15 of SSA91 on the last
     day of the year of income.


                      Income Tax Regulations 1936                        77
Part 8             Rebate for low income aged persons and in respect of certain
                   pensions and benefits
Division 1A        Rebate under sections 160AAAA and 160AAAB of the Act
Regulation 150AF


150AF         Transfer of unused rebate from taxpayer who is
              trustee
     (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.
     (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 mentioned in paragraph (1) (c).
     (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



78                         Income Tax Regulations 1936
    Rebate for low income aged persons and in respect of certain         Part 8
                                         pensions and benefits
                           Rebate in respect of certain pensions      Division 2
                                                               Regulation 150A

        (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.
   (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 mentioned in paragraph (3) (c).
   (5) For paragraphs (1) (d) and (3) (d), if the year of income
       concerned is the year of income ending on 30 June 1997, the
       amount of rebate to which TP2 is entitled is taken to be the
       amount mentioned in paragraph 150AD (b).
   (6) If the year of income mentioned in subregulation (1) or (3) is
       the year of income ending on 30 June 1997 the amount
       ascertained under paragraph (2) (b) or (4) (b) is limited to the
       tax payable by TP2 in respect of income of that year.
   (7) This Regulation applies whether TP1 is, or is not, the same
       person as TP2.

Division 2                Rebate in respect of certain
                          pensions

150A    Definitions
        In this Division:
        illness-separated-rate pension means a pension that is an
        illness-separated-rate service pension or an illness-separated-
        rate social security pension.
        illness-separated-rate service pension means a rebatable
        pension under VEA that is payable in the circumstances

                         Income Tax Regulations 1936                         79
Part 8             Rebate for low income aged persons and in respect of certain
                   pensions and benefits
Division 2         Rebate in respect of certain pensions
Regulation 151

             referred to in column 2 of item 4 in table B at point 41-B1 or
             43-B1 of VEA.
             partnered-rate pension means a pension that is a partnered-rate
             service pension or a partnered-rate social security pension.
             partnered-rate service pension means a rebatable pension
             under VEA that is payable in the circumstances referred to in
             column 2 of item 3 in Table B at point 41-B1 or 43-B1 of
             VEA.
             single-rate pension means a pension that is a single-rate
             service pension or a single-rate social security pension.
             single-rate service pension means a rebatable pension under
             VEA that is payable in the circumstances referred to in
             column 2 of item 1 in Table B at point 41-B1 or 43-B1 of
             VEA.

151          Rebate for section 160AAA of the Act
      (1) Where the assessable income of a taxpayer of a year of income
           includes an amount paid as rebatable pension, the taxpayer is
           entitled in his or her assessment in respect of income of the
           year of income to a rebate of tax of:
          (a) if the taxable income of the taxpayer of the year of income
                does not exceed his or her rebate threshold — the
                taxpayer‘s rebate amount; or
          (b) if the taxable income of the taxpayer 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.
      (2) For the purposes of this Regulation, the taxpayer‘s rebate
          threshold for a year of income is calculated using the formula:
                                               Taxpayer‘s rebate amount
                      Tax-free threshold 
                                               Lowest marginal tax rate
             where:
             Tax-free threshold has the meaning given by regulation 148.
             Taxpayer’s rebate amount has the meaning given by
             subregulations (3) and (3A).



80                         Income Tax Regulations 1936
  Rebate for low income aged persons and in respect of certain            Part 8
                                        pensions and benefits
                         Rebate in respect of certain pensions         Division 2
                                                                 Regulation 151

      Lowest marginal tax rate has the meaning given by regulation
      148;
      or, if the amount calculated using the formula is not an amount
      of whole dollars, that amount rounded up to the nearest whole
      dollar.
 (3) Subject to subregulation (5), for the purposes of this
     Regulation, the taxpayer‘s rebate amount for a year of income
     is calculated using the formula:

                                                                
               Lowest     Annual    Non - pension              
                                                     Tax - free
              marginal   pension    income                  
                                                    threshold 
               tax rate   amount
                                       limit                   
                                                                
      where:
      Lowest marginal tax rate has the meaning given by regulation
      148.
      Annual pension amount has the meaning given by
      subregulation (4).
      Non-pension income limit has the meaning given by
      subregulation (4).
      Tax-free threshold has the meaning given by regulation 148;
      or, if the amount calculated using the formula is not an amount
      of whole dollars, that amount rounded up to the nearest whole
      dollar.
(3A) Subject to subregulation (5), for the purposes of this regulation,
      the Taxpayer’s rebate amount for the 2000-2001 year of
      income or a later year of income is increased:
     (a) by $415 if the taxpayer has received a single-rate pension;
          or
    (aa) by $331 if the taxpayer has received an illness-separated-
          rate pension; or
     (b) by $304 in any other case.
 (4) For the purposes of the application of this Regulation in
     determining the rebate to which a taxpayer is entitled under
     subregulation (1) in relation to a year of income:


                       Income Tax Regulations 1936                            81
Part 8              Rebate for low income aged persons and in respect of certain
                    pensions and benefits
Division 2          Rebate in respect of certain pensions
Regulation 151

             (a) where the taxpayer has received a partnered-rate
                 pension — a reference in this Regulation to the annual
                 pension amount is, subject to subregulation (4A), a
                 reference to whichever of the following amounts is the
                 greater:
                   (i) the amount that would have been included in his or
                        her assessable income of the year of income if he or
                        she had received a partnered-rate service pension
                        throughout that year;
                  (ii) the amount that would have been included in his or
                        her assessable income of the year of income if he or
                        she had received a partnered-rate social security
                        pension throughout that year; and
             (b) where the taxpayer has received a illness-separated rate
                 pension — a reference in this Regulation to the annual
                 pension amount is, subject to subregulation (4A), a
                 reference to whichever of the following amounts is the
                 greater:
                   (i) the amount that would have been included in his or
                        her assessable income of the year of income if he or
                        she had received a illness-separated rate service
                        pension throughout that year;
                  (ii) the amount that would have been included in his or
                        her assessable income of the year of income if he or
                        she had received a illness-separated rate social
                        security pension throughout that year; and
             (c) where the taxpayer has received a single-rate pension — a
                 reference in this Regulation to the annual pension amount
                 is, subject to subregulation (4A), a reference to whichever
                 of the following amounts is the greater:
                   (i) the amount that would have been included in his or
                        her assessable income of the year of income if he or
                        she had received a single-rate service pension
                        throughout that year;
                  (ii) the amount that would have been included in his or
                        her assessable income of the year of income if he or
                        she had received a single-rate social security pension
                        throughout that year; and



82                          Income Tax Regulations 1936
Rebate for low income aged persons and in respect of certain            Part 8
                                      pensions and benefits
                       Rebate in respect of certain pensions         Division 2
                                                               Regulation 151

    (d) a reference in this Regulation to whichever of the amounts
        referred to in paragraph (a), (b) or (c) is:
          (i) in accordance with this Regulation, the annual
               pension amount; and
         (ii) an amount of dollars and cents;
        is a reference to that amount rounded down to the nearest
        whole dollar; and
    (e) a reference in this Regulation to the non-pension income
        limit is a reference to whichever of the following amounts
        is applicable:
          (i) if the annual pension amount in relation to the
               taxpayer for the year of income is referred to in
               subparagraph (a) (i) or (b) (i) or paragraph (4A) (a)
               or (c) — the amount, indexed in accordance with
               Division 21 in Part III of VEA, applicable under
               item 4 in Table D1 at point 41-D4;
         (ii) if the annual pension amount in relation to the
               taxpayer for the year of income is referred to in
               subparagraph (a) (ii) or (b) (ii) or paragraph (4A) (b)
               or (d) — the amount, indexed in accordance with
               Division 2 of Part 3.16 of SSA91, applicable under
               item 4 of column 2 in Table E-1 at point 1064-E4 of
               SSA91;
        (iii) if the annual pension amount in relation to the
               taxpayer for the year of income is referred to in
               subparagraph (c) (i) or paragraph (4A) (e):
                (A) in the case of the year of income
                       commencing on 1 July 1989 — $1,300; or
                 (B) in the case of a subsequent year of income —
                       the amount, indexed in accordance with
                       Division 21 in Part III of VEA, applicable
                       under item 1 in table D-1 at point 41-D4 of
                       that Act; and
        (iv) if the annual pension amount in relation to the
               taxpayer for the year of income is referred to in
               subparagraph (c) (ii) or paragraph (4A) (f):
                (A) in the case of the year of income
                       commencing on 1 July 1989 — $1,300; or



                     Income Tax Regulations 1936                            83
Part 8              Rebate for low income aged persons and in respect of certain
                    pensions and benefits
Division 2          Rebate in respect of certain pensions
Regulation 151

                          (B)   in the case of a subsequent year of income —
                                the amount, indexed in accordance with
                                Division 2 of Part 3.16 of SSA91, applicable
                                under item 1 of column 2 in Table E-1 at
                                point 1064-E4 of SSA91;
              (f) a reference in this Regulation to the partner of a taxpayer
                  is a reference to whichever of the following persons is
                  applicable:
                    (i) where the assessable income of the taxpayer of the
                        year of income includes an amount paid as a
                        partnered-rate service pension or a separated-rate
                        service pension:
                         (A) if, on the last day of the year of income, a
                                person was the partner, within the meaning
                                of Part III of the Veterans’ Entitlements Act
                                1986, of the taxpayer — that person; or
                         (B) if sub-subparagraph (A) does not apply but,
                                in the year of income, the death occurred of
                                the last person who was the partner, within
                                the meaning of Part III of the Veterans’
                                Entitlements Act 1986, of the taxpayer —
                                that person;
                   (ii) where the assessable income of the taxpayer of the
                        year of income includes an amount paid as a
                        partnered-rate social security pension or a separated-
                        rate social security pension:
                         (A) if, on the last day of that year, a person was
                                the partner, within the meaning of the
                                SSA91, of the taxpayer — that person; or
                         (B) if sub-subparagraph (A) does not apply but,
                                in the year of income, the death occurred of
                                the last person who was the partner, within
                                the meaning of the SSA91, of the taxpayer —
                                that person; and
             (g) a reference in this Regulation to the taxpayer‘s adjusted
                  rebate amount is a reference to the amount that would
                  have been the taxpayer‘s rebate amount if the reference in
                  subregulation (3) to the annual pension amount were a
                  reference to the adjusted annual pension amount; and


84                          Income Tax Regulations 1936
  Rebate for low income aged persons and in respect of certain            Part 8
                                        pensions and benefits
                         Rebate in respect of certain pensions         Division 2
                                                                 Regulation 151

      (h) subject to subregulation (7), a reference in this Regulation
          to the adjusted annual pension amount is a reference to:
            (i) if the assessable income of the taxpayer of the year
                of income includes an amount paid as a illness-
                separated rate pension — the amount determined in
                accordance with paragraph (b); and
           (ii) in any other case, if the assessable income of the
                taxpayer of the year of income includes an amount
                paid as a partnered-rate pension — the amount
                determined in accordance with paragraph (a).

       Annual pension amount — unequal numbers of pension
       paydays under SSA91 and VEA in the year
(4A) In this Regulation, annual pension amount, in relation to a
      taxpayer in a year of income in which there are different
      numbers of pension paydays under SSA91 and VEA and in
      which the taxpayer has received:
     (a) a partnered-rate service pension; or
     (b) a partnered-rate social security pension; or
     (c) an illness-separated-rate service pension; or
     (d) an illness-separated-rate social security pension; or
     (e) a single-rate service pension; or
      (f) a single-rate social security pension;
      means the amount that would have been included in his or her
      assessable income for that year of income if he or she had
      received that pension throughout that year of income.
 (5) Subject to subregulation (6), for the purposes of this
     Regulation, if the assessable income of a taxpayer of a year of
     income includes amounts paid as more than 1 kind of pension
     referred to in paragraph (4) (a), (b) or (c), then the taxpayer‘s
     rebate amount for the year is the greatest amount calculated in
     accordance with subregulations (3) and (3A).
 (6) For the purposes of this Regulation, if:
     (a) subject to subregulation (7), the assessable income is the
          assessable income of a taxpayer (in this subregulation and
          subregulation (7) called the first taxpayer) who is, at any


                       Income Tax Regulations 1936                            85
Part 8              Rebate for low income aged persons and in respect of certain
                    pensions and benefits
Division 2          Rebate in respect of certain pensions
Regulation 151

                   time of the year of income, entitled to rebate of tax under
                   section 160AAAA or 160AAA of the Act; and
             (b) the assessable income of another taxpayer, being the
                   partner of the first taxpayer (in this subregulation called
                   the second taxpayer) of the year of income includes an
                   amount paid as a partnered-rate pension or a separated-rate
                   pension; and
             (c) the amount of the rebate to which the second taxpayer is,
                   apart from this subregulation, entitled under subregulation
                   (1) in relation to the year of income is less than the second
                   taxpayer‘s rebate amount for that year; and
             (d) subject to subregulation (7), the first taxpayer‘s adjusted
                   rebate amount, or rebate amount under regulation 150AB,
                   for the year of income exceeds the tax payable by the first
                   taxpayer in respect of income of that year (disregarding
                   any credits or rebates); and
             (e) the second taxpayer was not in receipt of a benefit under
                   Parts 2.11, 2.12, 2.14 or 2.15 of SSA91 on the last day of
                   the year of income;
              the following provisions have effect:
              (f) in determining the rebate to which the first taxpayer is
                   entitled under subregulation (1) or regulation 150AB for
                   the year of income, the first taxpayer‘s rebate amount is to
                   be reduced by the amount of the excess referred to in
                   paragraph (d);
             (g) in determining the rebate to which the second taxpayer is
                   entitled under subregulation (1) for the year of income, the
                   second taxpayer‘s rebate amount for the year of income,
                   not being a rebate amount determined by reference to a
                   single-rate pension, is to be increased by the amount of the
                   excess referred to in paragraph (d).
     (7) For the purposes of subregulation (6), if:
         (a) the first taxpayer received at any time in the year of
              income a pension under Part 2.3, 2.4, 2.5 or 2.12A of
              SSA91 or Divisions 4, 5 and 6 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;

86                          Income Tax Regulations 1936
      Rebate for low income aged persons and in respect of certain             Part 8
                                            pensions and benefits
                              Rebate in respect of certain benefits         Division 3
                                                                      Regulation 152

          the amount of the assessable income of that year of the first
          taxpayer is to be calculated as if that pension were assessable
          income.
      (8) This Regulation applies whether the first taxpayer is, or is not,
          the same person as the second taxpayer.

Division 3                  Rebate in respect of certain
                            benefits

152       Rebate of tax in respect of rebatable benefits
      (1) If the assessable income of a taxpayer of a year of income
           commencing on or after 1 July 2003 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:
          (a) if the taxpayer‘s benefit amount is not more than $21 600:
                              A  [B  C]; or
          (b) if the taxpayer‘s benefit amount is more than $21 600:
                A  [B  C]  0.15  [B  $21 600];
          where:
          A is the lowest marginal tax rate.
          B 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.
          C is the tax-free threshold.
          Note lowest marginal tax rate and tax-free threshold are defined in
          regulation 148.

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




                           Income Tax Regulations 1936                             87
Part 8A           Foreign income
Division 1        General
Regulation 152A




Part 8A                    Foreign income

Division 1                 General

152A         Interpretation
     (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.
     (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.
          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.
          wholly-owned group has the meaning given by section
          975-500 of the Income Tax Assessment Act 1997.
     (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.
     (4) In this Part:
         passive income means passive income described in section 446
         of the Act, subject to the following modifications:


88                        Income Tax Regulations 1936
                                             Foreign income        Part 8A
                               Controlled foreign companies      Division 2
                                                          Regulation 152B


       (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

152B   Income or profits as designated concession income
   (1) 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.
   (2) 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.



                      Income Tax Regulations 1936                       89
Part 8A             Foreign income
Division 2          Controlled foreign companies
Regulation 152C



152C         Listed countries and section 404 countries
     (1) 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
         Part 1 of Schedule 10 is declared to be a listed country for the
         purposes of Part X of the Act.
     (2) For the definition of section 404 country in subsection 320 (1)
         of the Act, a foreign country or a part of a foreign country
         listed in Part 2 of Schedule 10 is declared to be a section 404
         country for the purposes of Part X of the Act.

152D         Capital gains regarded as subject to tax
     (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.
     (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.

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


90                          Income Tax Regulations 1936
                                      Foreign income        Part 8A
                        Controlled foreign companies      Division 2
                                                   Regulation 152E


           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) to incur expenditure of a capital nature in
                    repairing or restoring the original CGT asset;
(b) a company disposes of a CGT asset to another company,
    and the transferee is a member of the same wholly-owned
    group as the transferor;
(c) a company redeems or cancels all the shares of a particular
    class in the company, and:
      (i) an entity holds shares of that class in the company;
           and
     (ii) the company issues to the entity other shares in the
           company in substitution for the redeemed or
           cancelled shares; and
    (iii) the market value of the new shares immediately after
           they were issued is not less than the market value of
           the redeemed or cancelled shares immediately
           before the redemption or cancellation; and
    (iv) the entity did not receive any consideration (other
           than the new shares) in respect of the redemption or
           cancellation;
(d) an entity owns an option to acquire shares in a company or
    a right, issued by a company, to acquire shares in the
    company or to acquire an option to acquire shares in the
    company, and:



               Income Tax Regulations 1936                       91
Part 8A           Foreign income
Division 2        Controlled foreign companies
Regulation 152F


                  (i) any of the shares:
                       (A) are consolidated and divided into new shares
                              of a larger amount; or
                       (B) are subdivided into shares of a smaller
                              amount; and
                 (ii) as a result of the consolidation or subdivision:
                       (A) the original option is cancelled; or
                       (B) the original right is cancelled; and
                (iii) the company issues to the entity:
                       (A) another option relating to the new shares in
                              substitution for the original option; or
                       (B) another right relating to the new shares, in
                              substitution for the original right; and
                (iv) the market value of the new option or the new right,
                      immediately after it was issued, is not less than the
                      market value of the original option or original right
                      immediately before its cancellation; and
                 (v) the entity did not receive any consideration in
                      respect of the cancellation, other than the new option
                      or right.

152F         Accruals tax laws
           For the purposes of the definition of accruals tax law in
           section 317 of the Act, each of the following laws of a broad-
           exemption listed country is declared to be an accruals tax law:
          (a) sections 91 to 95 (inclusive) of the Income Tax Act of
                Canada;
          (b) article 209B of the General Tax Code of France;
          (c) sections 7 to 14 (inclusive) of the External Tax Law of the
                Federal Republic of Germany;
          (d) articles 40-4 to 40-6 (inclusive) and 66-6 to 66-9
                (inclusive) of the Special Taxation Measures Law of
                Japan;
          (e) sections 245C to 245Q (inclusive) of the Income Tax Act
                1976 of New Zealand;
         (ea) paragraph CG 1 (a) and sections CG 2 to CG 13
                (inclusive) of the Income Tax Act 1994 of New Zealand;


92                        Income Tax Regulations 1936
                                                Foreign income            Part 8A
                                      Foreign investment funds          Division 3
                                                                 Regulation 152I


           (g) Chapter IV of Part XVII of the Income and Corporation
               Taxes Act 1988 of the United Kingdom;
           (h) subpart F of Part III of subchapter N of Chapter 1 of the
               Internal Revenue Code of the United States of America.

152G        State foreign taxes that are treated as federal foreign
            taxes
           For the purposes of Part X of the Act, a foreign tax imposed in
           Switzerland that is a cantonal tax on income referred to in
           paragraph 1 (b) of Article 2 of the Swiss agreement within the
           meaning of the Income Tax (International Agreements) Act
           1953 is to be treated as if it were an additional federal foreign
           tax of Switzerland.

Division 3                Foreign investment funds

152H Amortisation of expenditure in acquiring property
       (1) For the purposes of subparagraph 570 (1) (a) (iii) of the Act,
           capital works are a prescribed class of property.
       (2) For the purposes of paragraph 570 (1A) (b) of the Act, 2.5% is
           the annual amortisation percentage in relation to the class, or a
           category of property included in the class.
       (3) In this Regulation, capital works means structures that:
           (a) are capital works that, regardless of when the works were
                begun, or when expenditure on the works first occurred,
                are of the kind that, under section 43-20 of the Income Tax
                Assessment Act 1997, are capital works to which Division
                43 of that Act applies; and
           (b) are not plant within the meaning given by section 45-40 of
                the Income Tax Assessment Act 1997.

152I       Approved stock exchanges
           The stock exchanges specified in Schedule 12 are named for
           the purposes of the definition of approved stock exchange in
           section 470 of the Act.



                          Income Tax Regulations 1936                          93
Part 8A            Foreign income
Division 3         Foreign investment funds
Regulation 152J



152J         International sectoral classification systems
             The international sectoral classification systems specified in
             Schedule 13 are named for the purposes of section 499 of the
             Act.




94                         Income Tax Regulations 1936
                                       Registration of tax agents            Part 9


                                                                    Regulation 155




Part 9                     Registration of tax agents

153       Interpretation
          In this Part, unless the contrary intention appears:
          applicant means an applicant for registration as a tax agent.
          Board means a Tax Agents‘ Board constituted, or deemed to
          be constituted, under Part VIIA of the Act.
          the secretary, in relation to a Board, means the secretary of that
          Board, or, in his or her absence, any officer for the time being
          performing the duties of the secretary.

154       Appointment of secretary
      (1) Each Board must have a secretary, who must be an officer of
          the Australian Taxation Office, Department of the Treasury
          appointed for the purpose by the Commissioner.
      (2) The secretary must attend all meetings of the Board and must
          keep a record of the proceedings of the Board.
      (3) Any certificate or other instrument given or issued by a Board
          must be sufficiently authenticated if signed by the secretary on
          behalf of the Board.

155       Communications to Board
           All correspondence to a Board, including applications under
           the Act or these Regulations, must be addressed to:
          (a) the secretary in the State for which the Board is
                constituted; or
          (b) a person nominated by the Board to receive
                correspondence, and whose name and address are
                published on the Board‘s web site.
          Note The Board‘s web site is http://www.tabd.gov.au.




                          Income Tax Regulations 1936                           95
Part 9           Registration of tax agents


Regulation 156



156       Prescribed qualifications for subparagraph 251BC
          (1) (b) (ii) of the Act
      (1) For subparagraph 251BC (1) (b) (ii) of the Act, the
          qualifications set out in subregulations (2), (3), (4) and (5) are
          prescribed.
      (2) A qualification is that a person:
          (a) has successfully completed the academic requirements for
              the award of a degree, diploma or other qualification from:
                (i) an Australian university; or
               (ii) a college of technical and further education; or
              (iii) another educational institution of an equivalent
                     standard; and
          (b) either:
                (i) has successfully passed examinations in the subjects
                     (however named) which an appropriate authority of
                     that university, college or institution certifies to the
                     Board to represent a course of study in accountancy
                     of not less than 3 years duration (including a course
                     of study in commercial law of not less than
                     18 months duration); or
               (ii) has such other qualification as the Board regards as
                     equivalent to that qualification; and
          (c) has:
                (i) been engaged in relevant employment on a full-time
                     basis for not less than a total of 12 months in the
                     preceding 5 years; or
               (ii) otherwise been engaged in relevant employment to
                     an extent that the Board regards as equivalent to the
                     employment mentioned in subparagraph (i); or
              (iii) been engaged in such other employment, and for
                     such time, as the Board regards as equivalent to
                     being engaged in the relevant employment
                     mentioned in subparagraph (i); and
          (d) has successfully completed a course of study in Australian
              income tax law that is acceptable to the Board.




96                        Income Tax Regulations 1936
                              Registration of tax agents            Part 9


                                                           Regulation 156


(3) A qualification is that a person:
    (a) has successfully completed the academic requirements for
        admission as a barrister or solicitor of the High Court or of
        the Supreme Court of a State or Territory; and
    (b) has:
          (i) been engaged in relevant employment on a full-time
               basis for not less than a total of 12 months in the
               preceding 5 years; or
         (ii) otherwise been engaged in relevant employment to
               an extent that the Board regards as equivalent to the
               employment mentioned in subparagraph (i); or
        (iii) been engaged in such other employment, and for
               such time, as the Board regards as equivalent to
               being engaged in the relevant employment
               mentioned in subparagraph (i); and
    (c) has successfully completed a course of study in basic
        accounting principles in accordance with the requirements
        of a college of technical and further education or another
        educational institution of an equivalent standard; and
    (d) has successfully completed a course of study in Australian
        income tax law that is acceptable to the Board.
(4) A qualification is that a person:
    (a) has successfully completed the academic requirements for:
          (i) the award of a diploma or certificate from a college
               of technical and further education or another
               educational institution of an equivalent standard; or
         (ii) the award of a post-graduate degree or graduate
               diploma from a university, a college of technical and
               further education or another educational institution
               of an equivalent standard;
        following a course of study in accountancy of not less than
        2 years duration of full-time study or 4 years duration of
        part-time study; and
    (b) has:
          (i) been engaged in relevant employment on a full-time
               basis for not less than a total of 2 years in the
               preceding 5 years; or


                  Income Tax Regulations 1936                          97
Part 9           Registration of tax agents


Regulation 156


              (ii) otherwise been engaged in relevant employment to
                   an extent that the Board regards as equivalent to the
                   employment mentioned in subparagraph (i); or
             (iii) been engaged in such other employment, and for
                   such time, as the Board regards as equivalent to
                   being engaged in the relevant employment
                   mentioned in subparagraph (i); and
         (c) has successfully completed a course of study in Australian
             income tax law that is acceptable to the Board.
     (5) A qualification is that a person:
         (a) has:
               (i) been engaged in relevant employment on a full-time
                    basis for not less than a total of 8 years in the
                    preceding 10 years; or
              (ii) otherwise been engaged in relevant employment to
                    an extent that the Board regards as equivalent to the
                    employment mentioned in subparagraph (i); or
             (iii) been engaged in such other employment, and for
                    such time, as the Board regards as equivalent to
                    being engaged in the relevant employment
                    mentioned in subparagraph (i); and
         (b) either:
               (i) is a member of, and entitled to vote at meetings of, a
                    recognised professional association (within the
                    meaning of section 251LA of the Act); or
              (ii) has:
                     (A) successfully completed a course of study in
                            basic accounting principles in accordance
                            with the requirements of a college of
                            technical and further education, or an
                            educational institution of an equivalent
                            standard; and
                     (B) successfully completed a course of study in
                            Australian income tax law that is acceptable
                            to the Board.
         Note The Commissioner publishes the names of recognised professional
         associations on the Australian Taxation Office web site at
         http://www.ato.gov.au.



98                        Income Tax Regulations 1936
                                        Registration of tax agents           Part 9


                                                                  Regulation 158A


       (6) In this regulation:
            relevant employment means employment by a person or a
            partnership, or as a member of a partnership, in the course of
            which there has been substantial involvement in income tax
            matters including:
           (a) the preparation or examination of a broad range of income
                 tax returns; and
           (b) the preparation or examination of objections to
                 assessments issued in respect of such returns; and
           (c) the provision of advice in relation to income tax returns,
                 assessments or objections.

158        Place of lodgement of applications
            An application for registration or re-registration as a tax agent,
            or for registration as a nominee of a registered tax agent, must
            be lodged:
           (a) with the secretary in the State for which the Board is
                 constituted; or
           (b) at an address specified by the Board for receiving
                 correspondence, and published on the Board‘s web site.
           Note The Board‘s web site is http://www.tabd.gov.au.


158A       Tax agent application fees
           For each provision of the Act mentioned in the following table,
           the fee mentioned in the table is prescribed:
Item      Provision of the Act           Kind of application           Fee

1         Subsection 251J (2)            Original registration         $400.00
2         Subsection 251JB (2)           Re-registration               $200.00
3         Paragraph 251KB (2) (a)        Original registration of      $400.00
                                         nominee
4         Paragraph 251KB (2) (b)        Re-registration of            $20.00
                                         nominee




                           Income Tax Regulations 1936                           99
Part 9           Registration of tax agents


Regulation 159



159       Certificate of registration
          Where a Board registers a person or partnership as a tax agent
          under section 251JA or 251JF of the Act, the Board must issue
          a certificate of registration to that person or partnership.

160       Board to notify Commissioner of registration
          Where a Board registers an applicant as a tax agent, or a person
          as a nominee of a tax agent, the Board must notify the
          Commissioner accordingly.

161       Register of Tax Agents
      (1) Each Board must maintain a register in which it must enter the
          relevant particulars in respect of each person or partnership that
          is a registered tax agent having a place of business in the State
          (within the meaning of Part VIIA of the Act) for which the
          Board is constituted.
      (2) For the purposes of subregulation (1), the following are the
           relevant particulars:
          (a) the full name of the person or, in the case of a partnership,
                the firm name of the partnership;
          (b) if the registered tax agent is a person who practises under
                a name other than the person‘s own name — the name
                under which the person practises;
          (c) the address of the principal place where the registered tax
                agent practises as a registered tax agent and the address of
                other places (if any) at which the tax agent so practises;
          (d) the full name of all nominees (if any) of the registered tax
                agent;
          (e) particulars of any suspension under section 251K of the
                Act of the registration of the registered tax agent.
      (3) Where any particular entered in the register in relation to a
          registered tax agent or a nominee of a registered tax agent is no
          longer correct, the registered tax agent must notify the Board of
          that fact as soon as practicable.




100                       Income Tax Regulations 1936
                                      Registration of tax agents            Part 9


                                                                   Regulation 163


      (4) Upon receipt of notification from a registered tax agent under
          subregulation (3), the Board must make such alterations to the
          register as is appropriate in the circumstances.
      (5) Where the registration of:
          (a) a tax agent:
                 (i) is terminated under section 251JD, 251JK or 251JM
                     of the Act;
                (ii) is surrendered under section 251JH of the Act; or
               (iii) is cancelled under section 251K of the Act; or
          (b) a nominee of a registered tax agent is cancelled under
               section 251KE of the Act;
           the Board must make such alterations to the register as is
           appropriate in the circumstances.
      (6) A person may inspect the register and make copies of, or take
          extracts from, the register.

163       Return of certificates of registration and exemption
      (1) The Board by which a person or partnership was registered as a
           tax agent may, when the Board considers it necessary so to do:
          (a) by reason of the cancellation of the registration or the
                lapse of the exemption;
          (b) for the purpose of the issue of a new certificate in lieu of
                an existing certificate, or the alteration of an existing
                certificate; or
          (c) for any other purpose of the Act or of these Regulations;
           by notice in writing, call upon that person or partnership, or, if
           that person has died, his or her personal representative, to
           return to the Board the certificate issued in pursuance of
           regulation 159 or 169.
      (2) A person or partnership or personal representative on whom a
          notice under this Regulation is served must, within 14 days
          after the service of the notice, return to the Board the certificate
          specified in the notice.
          Penalty: 5 penalty units.



                         Income Tax Regulations 1936                          101
Part 9           Registration of tax agents


Regulation 164


      (3) An offence under subregulation (2) is an offence of strict
          liability.
          Note For strict liability, see section 6.1 of the Criminal Code.


164       Notification of change of address
      (1) Each registered tax agent must forthwith give notice in writing
           to the secretary of the Board by which the tax agent has been
           registered of any change in the address for service:
          (a) of the registered tax agent; or
          (b) of any nominee of the registered tax agent.
          Penalty: 5 penalty units.
   (1A) An offence under subregulation (1) is an offence of strict
        liability.
          Note For strict liability, see section 6.1 of the Criminal Code.


165       Service of notices etc
          Any notice or other communication to any person or
          partnership by or on behalf of the Commissioner or a Board, in
          relation to any matter arising under Part VIIA of the Act or of
          this Part, may be given to or served upon the person or
          partnership personally, or by prepaid letter post at the person‘s
          or partnership‘s address for service under this Part.

166       Publication of notice of suspension or cancellation
      (1) Subject to subregulation (4), where the registration of a person
           or partnership as a tax agent is suspended or cancelled by a
           Board under section 251K of the Act, the Board must cause
           notice of the suspension or cancellation to be published in one
           or more of the following:
          (a) a newspaper circulating generally throughout Australia;
          (b) any other newspaper or newspapers that are appropriate
                having regard to the area in which the tax agent has
                carried on business as a tax agent.
      (2) Where the registration of a tax agent:



102                        Income Tax Regulations 1936
                                    Registration of tax agents            Part 9


                                                                 Regulation 168


          (a) is terminated under section 251JD, 251JK or 251JM of the
               Act;
          (b) is surrendered under section 251JH of the Act; or
          (c) is suspended or cancelled under section 251K of the Act;
           the Board must give notice of the termination, surrender,
           suspension or cancellation, as the case may be, to the
           Commissioner.
      (3) Subject to subregulation (4), the Commissioner, upon receipt of
          a notice under subregulation (2) that the registration of a tax
          agent has been cancelled under section 251K of the Act, must
          cause notice of the cancellation to be published in the Gazette.
      (4) Subregulations (1) and (3) do not apply during any time when:
          (a) an application for review of a decision under section
              251QA of the Act may be lodged; or
          (b) a proceeding before the Tribunal in relation to such a
              decision has not been concluded or an appeal to a court in
              relation to such a decision is pending.

167       Notification of person ceasing to be nominee of
          registered tax agent
          Where a person ceases to be a nominee of a registered tax
          agent, the Board must notify the Commissioner accordingly.

168       Evidence
      (1) For the purposes of Part VIIA of the Act, a Board:
          (a) may take oral evidence on oath or affirmation, and for that
               purpose the Chairperson of the Board or, in the absence of
               the Chairperson, the person acting as Chairperson, must
               have power to administer oaths and affirmations;
          (b) may permit evidence to be given by affidavit but may
               require the deponent to attend for the purpose of being
               cross-examined;
          (c) may receive, without formal proof, a copy, duly certified
               as correct by any responsible officer of a bank, of any
               person‘s account with that bank, and may take into
               consideration any entry or particular contained therein;


                        Income Tax Regulations 1936                         103
Part 9           Registration of tax agents


Regulation 168


          (d) may receive, without formal proof, a copy, duly certified
              as correct by any responsible officer of any Government
              or of any public, municipal or other local body or
              authority within the Commonwealth, of any document in
              the possession of that Government, body or authority, as
              the case may be, and may take into consideration any
              statement or particular contained therein; and
          (e) may receive, without formal proof, any other document
              containing any statement or particular which, in the
              opinion of the Board, is relevant to the application or other
              matter under consideration (not being a document which
              has been brought into existence solely for the purpose of
              the application or other matter under consideration), and
              may take into consideration the statement or particular.
      (2) The Chairperson of a Board may, by notice in writing, require
           any person:
          (a) to furnish the Board with such information as is specified
               in the notice relating to any application or other matter
               before the Board;
          (b) to attend and give evidence before the Board, or before
               any member of the Board authorized by the Chairperson in
               that behalf, concerning any application or other matter
               before the Board, and may require him or her to produce
               all books, documents and other papers whatever in his or
               her custody or under his or her control which, in the
               opinion of the Board or member of the Board, are likely to
               contain information or particulars relating to the
               application or matter.
          Penalty: 5 penalty units.
   (2A) The person must comply with a notice issued under
        subregulation (2).
   (2B) An offence under subregulation (2A) is an offence of strict
        liability.
          Note For strict liability, see section 6.1 of the Criminal Code.

      (3) The Chairperson of the Board may require the information or
          evidence to be given on oath, and either orally or in writing,
          and for that purpose the Chairperson, or the member authorized


104                        Income Tax Regulations 1936
                                     Registration of tax agents            Part 9


                                                                  Regulation 169


          by him or her, must have power to administer an oath or
          affirmation.
      (4) A person who is required under subregulation (2) to attend and
          give evidence in relation to an application or other matter
          before the Board is entitled to be paid, in respect of his or her
          attendance, such amount in respect of expenses as the Board
          determines in accordance with the scale of expenses set out in
          Schedule 5.
      (5) The fees and expenses payable to a person under subregulation
           (4) are payable:
          (a) in the case of a person required to attend at the request of
                an applicant or a tax agent — by that applicant or tax
                agent; and
          (b) in any other case — by the Commonwealth.

169       Removal of business to another State
      (1) If a registered tax agent moves his, her or its principal place of
           business to another State:
          (a) the Board holding the agent‘s documents, in relation to the
                registration of the agent, must provide the documents to
                the Board in the other State; and
          (b) the agent must return to the Board, in the State in which
                the agent was previously located, the certificate of
                registration issued under regulation 159.
      (2) If a registered tax agent has complied with paragraph 1 (b), the
          Board in the other State must issue a certificate of registration
          to the agent.




                         Income Tax Regulations 1936                         105
Part 9A          Taxation of superannuation business and related business


Regulation 170




Part 9A                   Taxation of superannuation
                          business and related business

170       Segregated current pension assets — prescribed
          pensions
      (1) For subsections 273A (2) and (3) of the Act, the following
           pensions are prescribed:
          (a) an allocated pension;
          (b) a market linked pension.
      (2) In this regulation:
          allocated pension and market linked pension have the same
          meanings as in the Superannuation Industry (Supervision)
          Regulations 1994.




106                      Income Tax Regulations 1936
                                               Miscellaneous           Part 10


                                                               Regulation 173




Part 10                  Miscellaneous

171       Signatures
      (1) Any notice to be given by the Commissioner may be given by
          any officer of the Commissioner duly authorized in that behalf;
          and any notice purporting to be signed by the authority of the
          Commissioner shall be as valid and effectual for all purposes as
          if signed by the Commissioner in person.
      (2) In this Regulation, notice to be given by the Commissioner
          includes a notice to be given by the Commissioner under
          Income Tax Assessment Act 1997 or Regulations made under
          that Act.

172       Presumption as to signatures
      (1) Judicial notice shall be taken of the names and signatures of the
          persons who are, or were at any time, the Commissioner, a
          Second Commissioner, a Deputy Commissioner or a delegate
          of the Commissioner.
      (2) A certificate, notice or other document bearing the written,
          printed or stamped name (including a facsimile of the
          signature) of a person who is, or was at any time, the
          Commissioner, a Second Commissioner, a Deputy
          Commissioner or a delegate of the Commissioner in lieu of that
          person‘s signature shall, unless it is proved that the document
          was issued without authority, be deemed to have been duly
          signed by that person.
      (3) In this Regulation, certificate, notice or other document
          includes a certificate, notice or other document under the
          Income Tax Assessment Act 1997 or Regulations made under
          that Act.

173       Appointment of Public Officer
          Whenever the position of Public Officer of a company
          becomes vacant, and it is necessary for a new Public Officer to


                         Income Tax Regulations 1936                      107
Part 10          Miscellaneous


Regulation 174


          be appointed, the notice of appointment by the company of a
          new Public Officer shall be given to the Commissioner at the
          place where, under these Regulations, the return of the
          company is to be furnished.

174       Scale of expenses in respect of persons required to
          attend before Commissioner etc under section 264 of
          the Act
          For the purposes of subsection 264 (3) of the Act, the scale set
          out in Schedule 5 is prescribed in respect of expenses to be
          allowed to persons (other than persons giving evidence in
          respect of their own income or assessment or the income or
          assessment of persons whose representatives they are) required
          under that section to attend and give evidence before the
          Commissioner or an officer.

175       Oath or affirmation for purposes of section 265
      (1) In this Regulation, designated person means a person
          designated for the purposes of section 265 of the Act.
      (2) For the purposes of examining a person upon oath or
          affirmation for the purposes of section 265 of the Act, a
          designated person may administer an oath or take an
          affirmation.

177       Constitutionally protected funds
           For the definition of constitutionally protected fund in
           section 267 of the Act, a fund of the kind to which, in the
           absence of section 271A of the Act, Part IX of the Act would
           apply, established by:
          (a) a State Act mentioned in Schedule 14; or
          (b) a specified provision of a State Act mentioned in
                 Schedule 14;
           is a constitutionally protected fund.




108                      Income Tax Regulations 1936
                                         Miscellaneous           Part 10


                                                         Regulation 178



178   Departing Australia superannuation payments
       For the definition of departing Australia superannuation
       payment in subsection 27A (1) of the Act, each of the
       following regulations are prescribed:
      (a) regulations 6.20A, 6.20B and 6.24A of the
            Superannuation Industry (Supervision) Regulations 1994;
      (b) regulation 4.23A of the Retirement Savings Accounts
            Regulations 1997.




                   Income Tax Regulations 1936                      109
Schedule 1        Forms
Form 1            Officer’s oath of secrecy




Schedule 1                  Forms

Form 1                      Officer’s oath of secrecy
                            (section 16)
                            (regulation 3)

COMMONWEALTH OF AUSTRALIA
Income Tax Assessment Act 1936
OFFICER’S OATH OF SECRECY

     I,          of              , being an officer within the meaning of section
16 of the Income Tax Assessment Act 1936, do swear that I will not, either
directly or indirectly, except as permitted under the said section, and either
while I am, or after I cease to be, an officer, make a record of, or divulge or
communicate to any person any information respecting the affairs of any other
person, disclosed or obtained under the provisions of the Income Tax
Assessment Act 1936, or of any amendment thereof, or of any Act substituted
therefor, or of any previous law of the Commonwealth relating to Income Tax.

                               SO HELP ME GOD.
                                                                       Signature
     Sworn and subscribed at
this        day of                19 , before me —
               Justice of the Peace for the
               State of
                                                                       Signature




110                        Income Tax Regulations 1936
                                                             Forms     Schedule 1
                                   Officer’s declaration of secrecy       Form 2




Form 2            Officer’s declaration of secrecy
                  (section 16)
                  (regulation 3)

COMMONWEALTH OF AUSTRALIA
Income Tax Assessment Act 1936
OFFICER’S DECLARATION OF SECRECY

   I,             of               , being an officer within the meaning of section
16 of the Income Tax Assessment Act 1936, do solemnly and sincerely declare
that I will not, either directly or indirectly, except as permitted under the said
section, and either while I am, or after I cease to be, an officer, make a record
of, or divulge or communicate to any person any information respecting the
affairs of any other person, disclosed or obtained under the provisions of the
Income Tax Assessment Act 1936, or of any amendment thereof, or of any Act
substituted therefor, or of any previous law of the Commonwealth relating to
Income Tax.
                                                                         Signature

     Declared at
This        of                     19 , before me —
                Justice of the Peace for the
                State of
                Commissioner for Declarations
                                                                         Signature




                            Income Tax Regulations 1936                       111
Schedule 1        Forms
Form 3            Notice of objection against assessment




Form 3            Notice of objection against assessment
                  (section 185)
                  (regulation 44)

COMMONWEALTH OF AUSTRALIA
Income Tax Assessment Act 1936
                                                                  File No.
NOTICE OF OBJECTION AGAINST ASSESSMENT

   I hereby object against the assessment of income tax based on income
derived during the year ended           and issued to me by notice of
assessment dated               , and claim that the assessment should be
reduced by —
          (a) the excision of the following amounts included in the assessable
                income:
           (b) the allowance of the following amounts as deductions:
           (c) the following items not covered by (a) and (b) (such as
               rebates of tax, calculation of special property tax, &c.):

      The grounds on which I rely are —

(Section 185 of the Act requires that the grounds be stated fully and in detail)
                                        Signature
                                        Address
                                        Date




112                        Income Tax Regulations 1936
                                                           Forms     Schedule 1
                                   Order under subsection 220 (5)       Form 4




Form 4           Order under subsection 220 (5)
                 (section 220)
                 (regulation 66)

COMMONWEALTH OF AUSTRALIA
Income Tax Assessment Act 1936
ORDER UNDER SUBSECTION 220 (5)

TO      of
WHEREAS —
   in respect of the estate of
   formerly of                                   , deceased, probate has not been
   granted, nor letters of administration taken out, within 6 months of
   his/her/death; *and /
   † tax has not been assessed/paid/on the whole of the income derived by
       up to the time of his/her/death; and
   † additional tax under Part VII of the Income Tax Assessment Act 1936 to
   which                is liable has not been assessed/paid/ —
AND WHEREAS the amount payable by the estate of                 in respect of
the above-mentioned tax/additional tax/tax and additional tax/ has, pursuant to
section 220 of that Act, been assessed at $   :
I,               , the *delegate of the/Commissioner of Taxation, pursuant to
subsection 220 (5) of that Act, hereby authorize you to levy —
     the above-mentioned amount of $ : *and /
     † the amount of $              , being the amount of additional tax under
     section 207 of that Act payable in relation to the above-mentioned amount;
     and
     the costs in relation to this order,
by distress and sale of any property of the estate of
     Dated       19 .
                                      *Delegate of the / Commissioner of Taxation
*        Omit word or words if inapplicable or unnecessary
†        Omit paragraph if inapplicable




                          Income Tax Regulations 1936                       113
 Schedule 2




Schedule 2
                                   (section 87)
                                   (regulation 14)


Table

Showing the sum which, if invested annually at 5 per centum per annum
compound interest, would amount to $1.00 at the end of any number of
years from 1 to 99.
          (Annual investment made at the commencement of each year)

Years                  Amounts   Years               Amounts   Years                 Amounts

                             $                             $                               $
1 ..................   .952381   34 .............    .011195   67 ................   .001884
2 ..................   .464576   35 .............    .010545   68 ................   .001790
3 ..................   .302104   36 .............    .009937   69 ................   .001702
4 ..................   .220964   37 .............    .009371   70 ................   .001618
5 ..................   .172357   38 .............    .008842   71 ................   .001539
6 ..................   .140016   39 .............    .008348   72 ................   .001463
7 ..................   .116971   40 .............    .007884   73 ................   .001391
8 ..................   .099735   41 .............    .007450   74 ................   .001324
9 ..................   .086371   42 .............    .007043   75 ................   .001259
10 ................    .075719   43 .............    .006660   76 ................   .001197
11 ................    .067037   44 .............    .006301   77 ................   .001139
12 ................    .059833   45 .............    .005964   78 ................   .001084
13 ................    .053768   46 .............    .005646   79 ................   .001030
14 ................    .048594   47 .............    .005347   80 ................   .000981
15 ................    .044135   48 .............    .005065   81 ................   .000933
16 ................    .040257   49 .............    .004800   82 ................   .000888
17 ................    .036856   50 .............    .004550   83 ................   .000845
18 ................    .033853   51 .............    .004313   84 ................   .000804
19 ................    .031186   52 .............    .004090   85 ................   .000765
20 ................    .028803   53 .............    .003879   86 ................   .000728


114                               Income Tax Regulations 1936
                                                                                   Schedule 2




Years                 Amounts   Years              Amounts   Years                  Amounts

                            $                            $                                $
21 ................   .026663   54 .............   .003680   87 ................    .000692
22 ................   .024734   55 .............   .003492   88 ................    .000659
23 ................   .022988   56 .............   .003314   89 ................    .000628
24 ................   .021401   57 .............   .003146   90 ................    .000597
25 ................   .019954   58 .............   .002987   91 ................    .000569
26 ................   .018632   59 .............   .002836   92 ................    .000541
27 ................   .017421   60 .............   .002693   93 ................    .000515
28 ................   .016308   61 .............   .002558   94 ................    .000490
29 ................   .015282   62 .............   .002430   95 ................    .000467
30 ................   .014334   63 .............   .002309   96 ................    .000444
31 ................   .013459   64 .............   .002194   97 ................    .000423
32 ................   .012648   65 .............   .002085   98 ................    .000403
33 ................   .011895   66 .............   .001982   99 ................    .000383




                                 Income Tax Regulations 1936                             115
Schedule 2A     Calculation of old RBM




Schedule 2A              Calculation of old RBM
                         (regulation 47)



1        Interpretation
          In this Schedule:
          account balance, in relation to a member of a superannuation
          fund, means amounts allocated to the member under the
          governing rules of the fund, and includes:
         (a) amounts that have not vested in the member; and
         (b) if the fund is sponsored by the employer of the member:
                 (i) any amount paid by the employer in accordance with
                      a prescribed agreement or award; and
                (ii) the amount of the net earnings of the fund in respect
                      of an amount referred to in subparagraph (i).
          concessional component has the meaning given by section
          27A of the Act.
          converted pension multiple, in relation to a superannuation
          pension that could become payable under the governing rules
          of the fund as at:
         (a) 25 May 1988; or
         (b) the day when the fund was constituted (if the fund was
                constituted after 25 May 1988 but before 1 July 1990);
          means the number worked out by multiplying the multiple
          applicable to the pension under the governing rules of the
          superannuation fund concerned by the pension valuation factor
          applicable to the pension as at the retirement age applicable to
          the fund.
          defined benefit means a benefit defined in terms of, or in terms
          that include, either or both of the following amounts:
         (a) the amount of the relevant person‘s salary:
                 (i) at the date of the person‘s retirement from the
                      workforce; or
                (ii) on a day before that date; or


116                     Income Tax Regulations 1936
                            Calculation of old RBM   Schedule 2A




      (iii) averaged over a period of employment before
             retirement;
(b) a specified amount.
 lump sum fund means a superannuation fund that is prohibited
 under its rules from:
(a) providing pensions; and
(b) rolling-over amounts to purchase annuities on behalf of
      members.
 maximum fund multiple, in relation to a person who is a
 member of a defined benefit superannuation fund, means the
 multiple that is the greatest of the following:
(a) the greatest lump sum multiple; or
(b) the greatest converted pension multiple; or
(c) the greatest combination of a lump sum multiple and a
      converted pension multiple;
 that could have been applicable to the person at any time up to
 the retirement age of the fund under the governing rules of the
 fund as at:
(d) 25 May 1988; or
(e) the day when the fund was constituted (if the fund was
      constituted after 25 May 1988 but before 1 July 1990).
 Member, in relation to a superannuation fund, includes a
 person who has deferred any of his or her benefits in the fund.
 private sector fund means a superannuation fund:
(a) to which section 23F of the Act would have applied on:
        (i) 25 May 1988; or
       (ii) the day when the fund was constituted (if the fund
             was constituted after 25 May 1988 but before
             1 July 1990);
      if that section had not been repealed; and
(b) that the Commissioner or the Insurance and
      Superannuation Commission had approved in writing to
      provide benefits for a person in excess of the reasonable
      benefit limits that were current as at 25 May 1988.




              Income Tax Regulations 1936                   117
Schedule 2A     Calculation of old RBM




          Public sector fund means a superannuation fund established:
         (a) by a law of the Commonwealth or of a State or Territory;
               or
         (b) under the authority of:
                 (i) the Commonwealth or the government of a State or
                     Territory; or
                (ii) a municipal corporation, another local governing
                     body or a public authority constituted by or under a
                     law of the Commonwealth or of a State or Territory.
          retirement age, in relation to a person to whom a benefit is, or
          commences to be, paid means:
         (a) in the case of a defined benefit:
                 (i) if the governing rules of the superannuation fund as
                     at:
                      (A) 25 May 1988; or
                      (B) the day when the fund was constituted (if the
                             fund was constituted after 25 May 1988 but
                             before 1 July 1990);
                     specified a maximum retirement age — that age; or
                (ii) where that defined benefit is based on a period of
                     service:
                      (A) if the fund is not a lump sum fund — the age
                             of the member at which the highest value is
                             obtained by multiplying the pension multiple
                             applicable to him or her under those rules on
                             the relevant date under subparagraph (i) by
                             the relevant pension valuation factor; or
                      (B) if the fund is a lump sum fund — the age of
                             the member at which the greatest lump sum
                             multiple is so applicable; or
                      (C) if the fund is not a lump sum fund but does
                             not provide pension benefits — the age of the
                             member at which the greatest lump sum
                             multiple is so applicable; and
         (b) in the case of a benefit that is not a defined benefit:
                 (i) if the governing rules of the superannuation fund as
                     at:


118                     Income Tax Regulations 1936
                                         Calculation of old RBM       Schedule 2A




                     (A)   25 May 1988; or
                     (B)   the day when the fund was constituted (if the
                           fund was constituted after 25 May 1988 but
                           before 1 July 1990);
                   specified a maximum retiring age — that age; or
              (ii) 65 years.
        salary, in relation to a member of a superannuation fund,
        means any amount that is treated as salary of the member under
        the rules of the fund.
        undeducted contributions has the meaning given by section
        27A of the Act.
        Note For the interpretation of this Schedule, see also regulation 53M.


2       Base old RBM
         Subject to the following provisions of this Schedule, the old
         RBM applicable to a person in relation to a benefit entitlement
         for transitional RBL purposes is:
        (a) if the benefit is to be assessed against the lump sum
               RBL — 7; or
        (b) if the benefit is to be assessed against the pension RBL —
               11.25.

3       When greater old RBM applicable
    (1) An old RBM greater than the old RBM specified in clause 2
        may be applicable to a person in relation to a benefit
        entitlement in a public sector fund or a private sector fund if
        the person was a member of the fund on 30 June 1990.
    (2) An old RBM greater than the old RBM specified in clause 2
         may also be applicable to a person in relation to a benefit
         entitlement if:
        (a) the benefit:
                (i) is payable by an ADF, a life assurance company, a
                    registered organisation or a superannuation fund;
                    and
               (ii) consists, in whole or in part, of an ETP rolled-over
                    from a public sector superannuation fund or a


                        Income Tax Regulations 1936                              119
Schedule 2A      Calculation of old RBM




                    private sector fund (in this clause called the original
                    fund); and
          (b) the whole of the ETP, other than any part that consisted of
              undeducted contributions or concessional components,
              from the original fund was rolled-over; and
          (c) the person was a member of the original fund on
              30 June 1990 or ceased to be such a member after
              15 February 1990 and before 1 July 1990.

4         Old RBM — defined benefits
           The old RBM applicable to a person in relation to:
          (a) a defined benefit entitlement in a defined benefit
                superannuation fund to which subclause 3 (1) applies; or
          (b) a benefit entitlement in an ADF, a life assurance company,
                a registered organisation or a superannuation fund to
                which subclause 3 (2) applies where the benefit paid by
                the original fund referred to in that subclause was a
                defined benefit;
           is the greater of:
          (c) the person‘s maximum fund multiple:
                  (i) as at 30 June 1990; or
                 (ii) if a higher maximum fund multiple was applicable
                       to the person as at an earlier date — as at the earlier
                       date; or
          (d) the base old RBM.

5         Old RBM — non-defined benefits
      (1) The old RBM applicable to a person in relation to a benefit
           entitlement in:
          (a) a fund of a kind referred to in subclause 3 (1) that does not
                provide defined benefits; or
          (b) an ADF, a life assurance company, a registered
                organisation or a superannuation fund to which subclause
                3 (2) applies where the original fund referred to in that
                subclause only provided benefits that are not defined
                benefits;
           is the greater of:

120                      Income Tax Regulations 1936
                                    Calculation of old RBM   Schedule 2A




       (c) the multiple calculated under clause 6 or clause 7; or
       (d) the base old RBM.
    (2) For the purposes of subclause (1), a fund:
        (a) may calculate the old RBM for all of its members under
             either clause 6 or clause 7; and
        (b) must make the calculation under one of those clauses.

6       Calculation method 1 — non-defined benefits
    (1) Subject to subclause (2), the calculation by method 1 is to be
        made in relation to a person using the formula:


                            (1.0185n – 1)                      n
       1.08   P  1.0185                  (1.08  Q  1.0185 );
                                0.0185    

       where:
        P means:
       (a) in the case of a person who is a member of the fund as a
            result of having deferred any of his or her benefits in that
            fund — 0; or
       (b) in any other case — the total proportion of the person‘s
            salary (expressed as a decimal number) that was:
              (i) contributed to the fund during the financial year
                  ending on 30 June 1990 (including any employer
                  contributions); or
             (ii) the highest proportion contributed to the fund during
                  any earlier financial year (including any employer
                  contributions);
        whichever is the higher, and includes any amount paid by the
        employer in accordance with a prescribed agreement or award;
        and
        Q means the number worked out:
       (a) if that person:
              (i) was a member of the fund on 1 July 1990; and




                      Income Tax Regulations 1936                   121
Schedule 2A      Calculation of old RBM




                (ii) had deferred any of his or her benefits in the fund
                     before 1 July 1990;
               by dividing the person‘s account balance on 1 July 1990
               by an amount obtained by:
               (iii) multiplying the person‘s salary on the date of
                     deferral by the index number for the June quarter of
                     the financial year that began on 1 July 1989; and
               (iv) dividing the product of that multiplication by the
                     index number for the March quarter of the financial
                     year in which the benefits were deferred; or
          (b) if the person ceased to be a member of the fund before
               1 July 1990 — by dividing the person‘s account balance
               on the day when his or her membership ceased by his or
               her salary on the day when he or she ceased to be a
               member; or
          (c) in any other case — by dividing the person‘s account
               balance on 1 July 1990 by his or her salary on that day;
               and
           n means the number of years in the period:
          (a) beginning:
                 (i) if the person ceased to be a member of a
                     superannuation fund before 1 July 1990 — on the
                     day when that person ceased to be a member of the
                     fund; or
                (ii) in any other case — on 30 June 1990; and
          (b) ending at the end of the day when the person reaches the
               age that is his or her retirement age for the purposes of the
               fund;
           counting part of a year as a whole year.
      (2) If the governing rules of a superannuation fund of which a
           person is a member require the contributions to the fund in
           respect of the person to increase after 30 June 1990, the
           calculation is to be made in relation to that person by:
          (a) adding together the amounts worked out, in accordance
                with subclause (3), in relation to the person separately in
                respect of each year from 1 July 1990 to the day on which
                he or she reaches the age that is his or her retirement age,
                counting part of a year as a whole year: and


122                      Income Tax Regulations 1936
                                     Calculation of old RBM    Schedule 2A




        (b) adding to the amounts referred to in paragraph (a) the
            amount specified in subclause (4).
    (3) The amount referred to in paragraph (2) (a) to be worked out in
        relation to a person in respect of a year (in this subclause called
        relevant year) is the amount worked out using the formula:
                                                 n + (1i)
                             1.08  P  1.0185

         where:
         P means the proportion (expressed as a decimal number) of the
         amount of the salary of the person, being an amount that is
         assumed to increase by 8% on each 1 July after 1 July 1990,
         that would be required to be contributed to the fund under the
         rules in respect of the relevant year; and
         i means the lower of:
        (a) the number of years in the period that:
                (i) began on 1 July 1990; and
               (ii) ended at the end of the relevant year; or
        (b) n (as defined in subclause (1)).
    (4) The amount referred to in paragraph (2) (b) is an amount
        worked out using the formula:
                              1.08  Q  1.0185n

             where Q and n have the respective meanings given by
             subclause (1).

7        Calculation method 2 — non-defined benefits
        The calculation by method 2 is to be made in relation to a
        person using the formula:
               (Q  Asset Factor)  (P  Contribution Factor  100)

    where:
       Q has the meaning given by subclause 6 (1); and
       Asset Factor means the relevant factor ascertained using the
       table to this clause; and
       P has the meaning given by clause 6; and


                       Income Tax Regulations 1936                    123
Schedule 2A        Calculation of old RBM




         Contribution factor means the relevant factor ascertained
         using the following Table:

          Table           Factors for calculating higher multiple
              Years to retirement      Asset Factor       Contribution Factor

              50                       2.703                           0.893
              49                       2.654                           0.866
              48                       2.606                           0.839
              47                       2.558                           0.813
              46                       2.512                           0.788
              45                       2.466                           0.762
              44                       2.421                           0.738
              43                       2.377                           0.714
              42                       2.334                           0.690
              41                       2.292                           0.666
              40                       2.250                           0.643
              39                       2.209                           0.621
              38                       2.169                           0.599
              37                       2.129                           0.577
              36                       2.091                           0.556
              35                       2.053                           0.535
              34                       2.015                           0.514
              33                       1.979                           0.494
              32                       1.943                           0.475
              31                       1.907                           0.455
              30                       1.873                           0.436
              29                       1.839                           0.417
              28                       1.805                           0.399
              27                       1.772                           0.381
              26                       1.740                           0.363
              25                       1.709                           0.346
              24                       1.678                           0.329
              23                       1.647                           0.312
              22                       1.617                           0.295



124                         Income Tax Regulations 1936
                                     Calculation of old RBM       Schedule 2A




     Years to retirement        Asset Factor             Contribution Factor

     21                         1.588                                   0.279
     20                         1.559                                   0.263
     19                         1.531                                   0.248
     18                         1.503                                   0.232
     17                         1.475                                   0.217
     16                         1.449                                   0.203
     15                         1.422                                   0.188
     14                         1.396                                   0.174
     13                         1.371                                   0.160
     12                         1.346                                   0.146
     11                         1.322                                   0.133
     10                         1.298                                   0.120
     9                          1.274                                   0.107
     8                          1.251                                   0.094
     7                          1.228                                   0.081
     6                          1.206                                   0.069
     5                          1.184                                   0.057
     4                          1.162                                   0.045
     3                          1.141                                   0.034
     2                          1.120                                   0.022
     1                          1.100                                   0.011

    Note 1 The years to retirement of a person is the number of years from
    30 June 1990 until the day on which the person will reach the retirement age
    of the fund.
    Note 2 Where the number of years to retirement of the person includes a
    part of a year, the factor to be obtained using the table is the factor
    applicable to the next higher year.


8   Mixed benefits
     If a defined benefit superannuation fund could have provided a
     combination of defined benefits and other benefits to a person
     under the governing rules of the fund, as at:
    (a) 25 May 1988; or



                    Income Tax Regulations 1936                            125
Schedule 2A    Calculation of old RBM




         (b) the day when the fund was constituted (if the fund was
               constituted after 25 May 1988 but before 1 July 1990);
          the old RBM applicable to a person to whom a benefit is paid,
          or commences to be paid, by the fund is the greater of:
         (c) the sum of:
                (i) the person‘s maximum fund multiple; and
               (ii) the multiple that would be calculated under clause 6
                     or 7; or
         (d) the greater of the numbers calculated under clauses 4
               and 5.

9       Adjustment of old RBM for early retirement
         If the age at which the person may retire under the rules of the
         fund is less than 55, the old RBM of the person is the number
         worked out using the formula:
                                        A
                                1  (0.025  B)
         where:
         A is the number that would have been the old RBM of the
         person under this Schedule if this clause did not apply; and
         B is the number of whole years between the age at which the
         person may retire under the rules of the fund and 55 years.

10       Conversion to multiple of HAS
         If a fund specifies benefits payable to a member in terms of the
         member‘s final salary or in similar terms, the multiple of salary
         is, for the purposes of this Schedule, to be converted into a
         multiple of the person‘s HAS using the formula:
                                        (1.5 K)
                             M  1.08
         where:
         K is the number of years used under the governing rules of the
         fund from the midpoint of the averaging period for calculating
         the multiple of salary until the end of that period; and
         M is the multiple of salary used under those rules.


126                    Income Tax Regulations 1936
                 Information to be given to the Commissioner       Schedule 2B




Schedule 2B            Information to be given to the
                       Commissioner
                       (regulations 53K, 53L and 53M)



1    Interpretation
      For the purposes of this Schedule, a pension is an allocated
      pension if:
     (a) the rate of payment of the pension; or
     (b) the basis for variations in the rate of payment of the
           pension;
      is not fully defined in the relevant trust deed.
     Note 1 This definition is based on the definition of allocated pension in
     s. 9 of the Social Security Act 1991.
     Note 2 For the interpretation of this Schedule, see also regulation 53M.


2   Specified information
     For the purposes of regulations 53K, 53L and 53M, the
     following information is specified:

     A.   Recipient information:
          Name of person who received the benefit
          Address of that person
          Tax file number of that person (if known)
          Date of birth of that person (if known)
          Where the benefit was paid by an employer of the
          person — whether the person is an associate of the
          employer

     B.   Payer information:
          Name of Payer
          Address of Payer
          Tax file number of payer

                     Income Tax Regulations 1936                            127
Schedule 2B     Information to be given to the Commissioner




               Where the payer is a superannuation fund, an approved
               deposit fund, a life assurance company, a registered
               organisation or an employer of the recipient — specify
               which applies

          C. Benefit information (ETPs; superannuation pensions
             (other than allocated pensions); annuities and
             allocated pensions):
          So much of the following information as the Commissioner, by
          notice in writing, requests:
          1.   In the case of ETPs:
               Date on which the ETP was made
               Details of the eligible service period to which the ETP
               relates
               Amount of the ETP
               Components of the ETP as specified in subsection 27AA
               of the Act
               If the ETP is a result of the commutation or residual
               capital value of an earlier pension or annuity:
                     the commencement day of the earlier benefit; and
                     whether the earlier benefit was a pension or annuity
               If the ETP was rolled-over, the date and amount of the
               roll-over
               Whether the ETP is a death benefit within the meaning of
               section 27AAA of the Act
          2.   In the case of superannuation pensions (other than
               allocated pensions):
               Commencement day of the pension
               Details of the eligible service period to which the pension
               relates
               Annual value of the pension
               Term of the pension
               Undeducted purchase price
               Whether the pension is a disability superannuation pension
               Amount of residual capital value, if any

128                     Income Tax Regulations 1936
          Information to be given to the Commissioner   Schedule 2B




     Where the payer is a superannuation fund — whether the
     person was a member of that fund as at 15 August 1989
     Level of reversion, if any, that applies to the pension
     Rate of indexation, if any, that applies to the pension
     Whether the pension is a rebatable superannuation pension
     Whether the pension meets the pension and annuity
     standards
3.   In the case of annuities and allocated pensions:
     Commencement day of the annuity or allocated pension
     Amount of ETP rolled-over to buy or establish the annuity
     or allocated pension
     Components of the ETP as specified in subsection 27AA
     of the Act rolled-over to buy or establish the annuity or
     allocated pension
     Details of the eligible service period to which the annuity
     or allocated pension relates
     Whether the annuity or allocated pension meets the
     pension and annuity standards
4.   In any case:
     Any further information that the Commissioner, by notice
     in writing, reasonably requests for the purposes of
     subsections 140M (1), (1A) or (1C), 140Q (1) or
     140ZP (3) of the Act




              Income Tax Regulations 1936                      129
Schedule 3       Tables to be used in calculation of income tax instalment amounts
                 in relation to employees




Schedule 3                 Tables to be used in
                           calculation of income tax
                           instalment amounts in relation
                           to employees
                           (regulation 71)


Table 1        Employees to whom paragraph 72 (1) (c) applies

Column 1     Column 2                                Column 3       Column 4
Item         Range of relevant amount of             Factor         Amount
             employee’s earnings                                    $

1            Not exceeding $98.99                    0              0
2            Exceeding $98.99 but not                0.2031         20.1900
             exceeding $252.99
3            Exceeding $252.99 but not               0.4062         71.6904
             exceeding $273.99
4            Exceeding $273.99 but not               0.2183         20.1865
             exceeding $391.99
5            Exceeding $391.99 but not               0.3550         73.7729
             exceeding $723.99
6            Exceeding $723.99 but not               0.4450         138.9883
             exceeding $954.99
7            Exceeding $954.99                       0.4850         177.2037


Table 2        Employees to whom paragraph 73 (1) (c) applies

Column 1     Column 2                                 Column 3        Column 4
Item         Range in respect of relevant amount      Factor          Amount
             of earnings of employee                                  $

1            Not exceeding $98.99                     0               0
2            Exceeding $98.99 but not                 0.2031          20.19
             exceeding $391.99
3            Exceeding $391.99 but not                0.3400          73.86
             exceeding $723.99


130                       Income Tax Regulations 1936
    Tables to be used in calculation of income tax instalment amounts     Schedule 3
                                              in relation to employees




Column 1        Column 2                                   Column 3      Column 4
Item            Range in respect of relevant amount        Factor        Amount
                of earnings of employee                                  $

4               Exceeding $723.99 but not                  0.4300        139.07
                exceeding $954.99
5               Exceeding $954.99                          0.4700        177.29


Table 3            Employees to whom paragraph 73 (1) (d) applies

Column 1        Column 2                                 Column 3         Column 4
Item            Range of relevant amount of              Factor           Amount
                employee’s earnings                                       $

1               Not exceeding $98.99                     0                0
2               Exceeding $98.99 but not                 0.2031           20.1900
                exceeding $391.99
3               Exceeding $391.99 but not                0.3400           73.8576
                exceeding $427.99
4               Exceeding $427.99 but not                0.4400           116.6922
                exceeding $462.99
5               Exceeding $462.99 but not                0.3475           73.8131
                exceeding $723.99
6               Exceeding $723.99 but not                0.4375           139.0285
                exceeding $954.99
7               Exceeding $954.99                        0.4775           177.2439


Table 4            Employees to whom regulation 77 applies

Column 1        Column 2                                 Column 3         Column 4
Item            Range of relevant amount of              Factor           Amount
                employee’s earnings                                       $

1               Not exceeding $106.99                    0.2150           0.2150
2               Exceeding $106.99 but not                0.3550           15.2919
                exceeding $439.99
3               Exceeding $439.99 but not                0.4450           54.9265
                exceeding $670.99
4               Exceeding $670.99                        0.4850           81.7727



                              Income Tax Regulations 1936                         131
Schedule 3     Tables to be used in calculation of income tax instalment amounts
               in relation to employees




Table 5      Employees to whom regulation 78 applies

Column 1     Column 2                                 Column 3      Column 4
Item         Range in respect of relevant amount      Factor        Amount
             of earnings of employee                                $

1            Not exceeding $397.99                    0.29          0.29
2            Exceeding $397.99 but not                0.34          20.19
             exceeding $729.99
3            Exceeding $729.99 but not                0.43          85.96
             exceeding $960.99
4            Exceeding $960.99                        0.47          124.42




132                     Income Tax Regulations 1936
                                                                                                                                                        Tables   Schedule 4




Schedule 4                               Tables
                                         (regulation 110)


Table A
Column 1                    Column 2     Column 3     Column 4     Column 5     Column 6     Column 7     Column 8     Column 9     Column 10     Column 11
                                   No                        No                        No                        No                         No
Period during which first     eligible     Eligible     eligible     Eligible     eligible     Eligible     eligible     Eligible      eligible     Eligible
occupation date occurred    dependant    dependant    dependant    dependant    dependant    dependant    dependant    dependant    dependant     dependant

From and      to and
including     including             $            $            $            $            $            $            $            $             $            $
1.7.77        30.6.78            1.90         5.70
1.7.78        30.6.79            3.80         7.60         1.90         5.70
1.7.79        30.6.80            5.70         9.50         3.80         7.60         1.90         5.70
1.7.80        30.6.81            7.60        11.40         5.70         9.50         3.80         7.60         1.90         5.70
1.7.81        30.6.82            9.50        13.30         7.60        11.40         5.70         9.50         3.80         7.60          1.90         5.70




                                                                                Income Tax Regulations 1936                                                              133
Schedule 4                   Tables




Table B

Column 1                              Column 2     Column 3     Column 4     Column 5     Column 6     Column 7     Column 8     Column 9     Column 10     Column 11    Column 12     Column 13
                                             No                        No                        No                        No                         No                         No
Period during which first               eligible     Eligible     eligible     Eligible     eligible     Eligible     eligible     Eligible      eligible     Eligible      eligible     Eligible
occupation date occurred              dependant    dependant    dependant    dependant    dependant    dependant    dependant    dependant     dependant    dependant     dependant    dependant

From and         to and
including        including                    $            $            $            $            $            $            $            $             $            $             $            $
1 July           16 July                   9.50        13.30         7.60        11.40         5.70         9.50         3.80         7.60          1.90         5.70
17 July          16 August                 9.50        13.30         7.75        11.55         5.85         9.65         3.95         7.75          2.05         5.85          0.15         0.45
17 August        16 September              9.50        13.30         7.90        11.70         6.00         9.80         4.10         7.90          2.20         6.00          0.30         0.95
16 September     16 October                9.50        13.30         8.05        11.85         6.15         9.95         4.25         8.05          2.35         6.15          0.45         1.40
17 October       15 November               9.50        13.30         8.25        12.05         6.35        10.15         4.45         8.25          2.55         6.35          0.65         1.90
16 November      16 December               9.50        13.30         8.40        12.20         6.50        10.30         4.60         8.40          2.70         6.50          0.80         2.35
17 December      16 January                9.50        13.30         8.55        12.35         6.65        10.45         4.75         8.55          2.85         6.65          0.95         2.85
17 January       13 February               9.50        13.30         8.70        12.50         6.80        10.60         4.90         8.70          3.00         6.80          1.10         3.30
14 February      16 March                  9.50        13.30         8.85        12.65         6.95        10.75         5.05         8.85          3.15         6.95          1.25         3.80
17 March         15 April                  9.50        13.30         9.00        12.80         7.10        10.90         5.20         9.00          3.30         7.10          1.40         4.25
16 April         16 May                    9.50        13.30         9.20        13.00         7.30        11.10         5.40         9.20          3.50         7.30          1.60         4.75
17 May           15 June                   9.50        13.30         9.35        13.15         7.45        11.25         5.55         9.35          3.65         7.45          1.75         5.20
16 June          30 June                                             9.50        13.30         7.60        11.40         5.70         9.50          3.80         7.60          1.90         5.70




134                                                                          Income Tax Regulations 1936
                                           Scale of expenses   Schedule 5




Schedule 5              Scale of expenses
                        (regulations 49, 168 and 174)


1.   Person attending to give evidence because of that person‘s
     professional, scientific or other special skill or knowledge — in
     respect of each day on which that person so attends, an amount of
     not less than the lesser amount specified in the High Court Rules as
     in force from time to time in relation to expenses of witnesses
     possessing such skill or knowledge and not more than the greater
     amount so specified.
2.   Person, other than a person referred to in Item 1, attending to give
     evidence —
         (a) in the case of a person remunerated by wages, salary or
              fees — such amount as is provided for in the High Court
              Rules as in force from time to time in relation to expenses
              of witnesses so remunerated;
        (b) in any other case — such amount as is provided for in the
              High Court Rules as in force from time to time in relation
              to expenses of witnesses generally.
3.   Person attending to give expert evidence — in addition to any other
     amount payable to that person under Item 1 or 2, a reasonable
     amount for qualifying to give that evidence.
4.   Any person attending to give evidence — such amount as is
     reasonable —
         (a) in respect of that person‘s conveyance to and from the
             place at which that person so attends; and
         (b) if that person is required to be absent overnight from that
             person‘s usual place of residence — for meals and
             accommodation.




                       Income Tax Regulations 1936                   135
Schedule 6        Prescribed rate of deduction




Schedule 6                  Prescribed rate of deduction
                            (regulation 147)



Column 1     Column 2                            Column 3               Column 4
Item No.     Engine capacity of car not          Engine capacity of     Prescribed
             powered by a rotary engine          car powered by a       rate
             (cubic centimetres)                 rotary engine (cubic   (cents)
                                                 centimetres)



Part I       Year of income commencing on 1 July 1986
1            Not exceeding 1500                  Not exceeding 750      26.1
2            Exceeding 1500 but not              Exceeding 750 but      30.5
             exceeding 2000                      not exceeding 1000
3            Exceeding 2000 but not              Exceeding 1000 but     35.0
             exceeding 4000                      not exceeding 2000
4            Exceeding 4000                      Exceeding 2000         36.2


Part II      Year of income commencing on 1 July 1987
5            Not exceeding 1500                  Not exceeding 750      28.9
6            Exceeding 1500 but not              Exceeding 750 but      33.8
             exceeding 2000                      not exceeding 1000
7            Exceeding 2000 but not              Exceeding 1000 but     38.8
             exceeding 4000                      not exceeding 2000
8            Exceeding 4000                      Exceeding 2000         40.1


Part III     Year of income commencing on 1 July 1988
9            Not exceeding 1500                  Not exceeding 750      30.3
10           Exceeding 1500 but not              Exceeding 750 but      35.4
             exceeding 2000                      not exceeding 1000
11           Exceeding 2000 but not              Exceeding 1000 but     40.6
             exceeding 4000                      not exceeding 2000
12           Exceeding 4000                      Exceeding 2000         42.0



136                        Income Tax Regulations 1936
                                    Prescribed rate of deduction     Schedule 6




Column 1   Column 2                         Column 3               Column 4
Item No.   Engine capacity of car not       Engine capacity of     Prescribed
           powered by a rotary engine       car powered by a       rate
           (cubic centimetres)              rotary engine (cubic   (cents)
                                            centimetres)



Part IV Year of income commencing On 1 July
1989
13         Not exceeding 1600               Not exceeding 800      38.2
14         Exceeding 1600 but not           Exceeding 800 but      46.4
           exceeding 2000                   not exceeding 1000
15         Exceeding 2000 but not           Exceeding 1000 but     48.7
           exceeding 3000                   not exceeding 1500
16         Exceeding 3000                   Exceeding 1500         52.0


Part V     Year of income commencing on 1 July 1990
17         Not exceeding 1600               Not exceeding 800      41.1
18         Exceeding 1600 but not           Exceeding 800 but      49.9
           exceeding 2000                   not exceeding 1000
19         Exceeding 2000 but not           Exceeding 1000 but     52.4
           exceeding 3000                   not exceeding 1500
20         Exceeding 3000                   Exceeding 1500         55.9


Part 6     Year of income commencing on 1 July 1991
21         Not exceeding 1600               Not exceeding 800      42.2
22         Exceeding 1600 but not           Exceeding 800 but      51.2
           exceeding 2000                   not exceeding 1000
23         Exceeding 2000 but not           Exceeding 1000 but     53.9
           exceeding 3000                   not exceeding 1500
24         Exceeding 3000                   Exceeding 1500         57.4




                        Income Tax Regulations 1936                        137
Schedule 6        Prescribed rate of deduction




Column 1     Column 2                            Column 3               Column 4
Item No.     Engine capacity of car not          Engine capacity of     Prescribed
             powered by a rotary engine          car powered by a       rate
             (cubic centimetres)                 rotary engine (cubic   (cents)
                                                 centimetres)



Part 7       Year of income commencing on 1 July 1992
25           Not exceeding 1600                  Not exceeding 800      45.7
26           Exceeding 1600 but not              Exceeding 800 but      51.8
             exceeding 2000                      not exceeding 1000
27           Exceeding 2000 but not              Exceeding 1000 but     53.4
             exceeding 3000                      not exceeding 1500
28           Exceeding 3000                      Exceeding 1500         55.9


Part 8       Year of income commencing on 1 July 1993
29           Not exceeding 1600                  Not exceeding 800      46.5
30           Exceeding 1600 but not              Exceeding 800 but      52.7
             exceeding 2000                      not exceeding 1000
31           Exceeding 2000 but not              Exceeding 1000 but     54.4
             exceeding 3000                      not exceeding 1500
32           Exceeding 3000                      Exceeding 1500         56.9


Part 9       Year of income commencing on 1 July 1994
33           Not exceeding 1600                  Not exceeding 800      48.1
34           Exceeding 1600 but not              Exceeding 800 but      54.5
             exceeding 2000                      not exceeding 1000
35           Exceeding 2000 but not              Exceeding 1000 but     56.2
             exceeding 3000                      not exceeding 1500
36           Exceeding 3000                      Exceeding 1500         58.8




138                        Income Tax Regulations 1936
                                    Prescribed rate of deduction     Schedule 6




Column 1   Column 2                         Column 3               Column 4
Item No.   Engine capacity of car not       Engine capacity of     Prescribed
           powered by a rotary engine       car powered by a       rate
           (cubic centimetres)              rotary engine (cubic   (cents)
                                            centimetres)



Part 10 Year of income commencing on 1 July 1995
37         Not exceeding 1600               Not exceeding 800      48.1
38         Exceeding 1600 but not           Exceeding 800 but      54.5
           exceeding 2000                   not exceeding 1000
39         Exceeding 2000 but not           Exceeding 1000 but     56.2
           exceeding 3000                   not exceeding 1500
40         Exceeding 3000                   Exceeding 1500         58.8


Part 11 Year of income commencing on 1 July 1996
41         Not exceeding 1600               Not exceeding 800      47.0
42         Exceeding 1600 but not           Exceeding 800 but      53.1
           exceeding 2600                   not exceeding 1300
43         Exceeding 2600                   Exceeding 1300         53.5




                        Income Tax Regulations 1936                        139
Schedule 9          Designated concession income
Part 1              Interpretation




Schedule 9                    Designated concession
                              income
                              (regulation 152B)


Part 1              Interpretation
101          In this Schedule, unless the contrary intention appears, words
             and phrases have the same meanings as they have in Part X of
             the Act or Part 8A of these Regulations, as the case requires.
             Note Section 324 of the Act explains the meaning of the expression subject
             to tax. Section 325 of the Act explains when taxation occurs in a country at
             the country‘s normal company tax rate.




140                          Income Tax Regulations 1936
                                                                               Designated concession income        Schedule 9
                                                                       Items of designated concession income           Part 2




Part 2           Items of designated concession income
Item   Country   Entity                             Kind of income or profit            Feature of income or profit under
                                                                                        tax law of the country

201    Canada    An entity that operates in         All passive income and tainted      Not subject to tax in Canada in a
                 Canada as an international         services income                     tax accounting period
                 banking centre under Canadian
                 law
202    Canada    A company that operates in         All passive income                  Not taxed in Canada at the
                 Canada as an investment                                                normal company tax rate
                 corporation, or as a mutual fund
                 corporation, under Canadian tax
                 law
203    France    A company that operates in         All passive income                  Not subject to tax in France in a
                 France as a société                                                    tax accounting period
                 d’investissement à capital
                 variable (SICAV) under French
                 law


                                               Income Tax Regulations 1936                                                  141
Schedule 9       Designated concession income
Part 2           Items of designated concession income




Item   Country   Entity                                  Kind of income or profit         Feature of income or profit under
                                                                                          tax law of the country

204    France    A company that is treated as a          All income or profits            Not used as the basis for
                 resident of France for the                                               establishing the amount of
                 purposes of the tax law of                                               taxable income, taxable profits,
                 France, and that has elected to                                          tax base or tax liability of the
                 be taxed on a tonnage basis                                              entity under the tax law of
                 rather than on income or profits                                         France
205    Germany   A company that is treated as a          All passive income in carrying   Not subject to tax in Germany in
                 resident of Germany for the             on business outside Germany at   a tax accounting period
                 purposes of the tax law of              or through a permanent
                 Germany                                 establishment




142                                               Income Tax Regulations 1936
                                                                                Designated concession income        Schedule 9
                                                                        Items of designated concession income           Part 2




Item   Country   Entity                              Kind of income or profit            Feature of income or profit under
                                                                                         tax law of the country

206    Germany   Either:                             Capital gains in respect of         Not taxed in Germany at the
                  (a) a company that is treated      shares in companies                 normal company tax rate
                       as a resident of Germany
                       for the purposes of the tax
                       law of Germany; or
                  (b) any company in carrying
                       on business in Germany at
                       or through a permanent
                       establishment of the
                       company in Germany
207    Germany   A company that is treated as a      All income or profits               Not used as the basis for
                 resident of Germany for the                                             establishing the amount of
                 purposes of the tax law of                                              taxable income, taxable profits,
                 Germany, and that has elected to                                        tax base or tax liability of the
                 be taxed on a tonnage basis                                             entity under the tax law of
                 rather than on income or profits                                        Germany




                                                Income Tax Regulations 1936                                                  143
Schedule 9       Designated concession income
Part 2           Items of designated concession income




Item   Country   Entity                                  Kind of income or profit        Feature of income or profit under
                                                                                         tax law of the country

208    Japan     An entity in carrying on                All income or profits derived   Not subject to tax in Japan in a
                 business in Japan at or through a       from Japanese governmental      tax accounting period
                 permanent establishment of the          bonds
                 entity in that country
209    New       Either:                                 Capital gains in respect of     Not subject to tax in New
       Zealand    (a) a company that is treated          tainted assets                  Zealand in a tax accounting
                       as a resident of New                                              period
                       Zealand for the purposes
                       of the tax law of New
                       Zealand; or
                  (b) any entity in carrying on
                       business in New Zealand
                       at or through a permanent
                       establishment of the entity
                       in New Zealand




144                                               Income Tax Regulations 1936
                                                                                Designated concession income        Schedule 9
                                                                        Items of designated concession income           Part 2




Item   Country    Entity                             Kind of income or profit            Feature of income or profit under
                                                                                         tax law of the country

210    United     A company that is treated as a     Capital gains in respect of         Not subject to tax in the United
       Kingdom    resident of the United Kingdom     shares in companies where:          Kingdom of Great Britain and
       of Great   of Great Britain and Northern        (a) the CGT assets of the         Northern Ireland in a tax
       Britain    Ireland for the purposes of the          companies; or                 accounting period as a
       and        tax law of the United Kingdom                                          consequence of the substantial
                                                       (b) the underlying CGT assets
       Northern   of Great Britain and Northern                                          shareholding exemption
                                                           of the companies held
       Ireland    Ireland                                                                available under the tax law of
                                                           through one of more non-
                                                                                         the United Kingdom of Great
                                                           resident entities that are
                                                                                         Britain and Northern Ireland
                                                           associates;
                                                     include CGT assets having the
                                                     necessary connection with
                                                     Australia
211    United     A company that is treated as a     All income or profits               Not used as the basis for
       Kingdom    resident of the United Kingdom                                         establishing the amount of
       of Great   of Great Britain and Northern                                          taxable income, taxable profits,
       Britain    Ireland for the purposes of the                                        tax base or tax liability of the
       and        tax law of the United Kingdom                                          entity under the tax law of the
       Northern   of Great Britain and Northern                                          United Kingdom of Great
       Ireland    Ireland, and that has elected to                                       Britain and Northern Ireland
                  be taxed on a tonnage basis
                                                 Income Tax Regulations 1936                                                 145
Schedule 9         Designated concession income
Part 2             Items of designated concession income




Item   Country     Entity                                  Kind of income or profit        Feature of income or profit under
                                                                                           tax law of the country
                   rather than on income or profits
212    United      An entity that operates in the          All passive income              Not taxed in the United
       Kingdom     United Kingdom of Great                                                 Kingdom of Great Britain and
       of Great    Britain and Northern Ireland as                                         Northern Ireland at the normal
       Britain     a open-ended investment                                                 company tax rate
       and         company under the law of the
       Northern    United Kingdom of Great
       Ireland     Britain and Northern Ireland
213    United      Either:                                 All income or profits derived   Not subject to tax in the United
       States of    (a) a company that is treated          from tax-exempt governmental    States of America in a tax
       America           as a resident of the United       bonds                           accounting period
                         States of America for the
                         purposes of the tax law of
                         the United States of
                         America; or
                    (b) any entity in carrying on
                         business in the United
                         States of America at or
                         through a permanent
                         establishment of the entity
146                                                  Income Tax Regulations 1936
                                                                                    Designated concession income        Schedule 9
                                                                            Items of designated concession income           Part 2




Item   Country     Entity                                Kind of income or profit            Feature of income or profit under
                                                                                             tax law of the country
                            in that country
214    United      An entity that operates in the        All passive income                  Not taxed in the United States of
       States of   United States of America as a                                             America at the normal company
       America     regulated investment company                                              tax rate
                   under the tax law of the United
                   States of America




                                                     Income Tax Regulations 1936                                                 147
Schedule 10    Listed countries and section 404 countries
Part 1         Listed countries




Schedule 10              Listed countries and section
                         404 countries
                         (regulation 152C)


Part 1         Listed countries
Canada
France
Germany
Japan
New Zealand
United Kingdom of Great Britain and Northern Ireland
United States of America

Part 2         Section 404 countries
Argentina                               Myanmar
Austria                                 Netherlands
Bangladesh                              New Caledonia
Belgium                                 Norway
Brazil                                  Pakistan
Brunei                                  Papua New Guinea
Bulgaria                                Philippines
China (except the Hong Kong             Poland
   Special Administrative Region)       Portugal
Czech Republic                          Romania
Denmark                                 Russian Federation
Fiji                                    Saudi Arabia
Finland                                 Singapore
French Polynesia                        Slovak Republic
Greece                                  Solomon Islands
Hungary                                 South Africa
Iceland                                 Spain
India                                   Sri Lanka


148                     Income Tax Regulations 1936
                     Listed countries and section 404 countries   Schedule 10
                                         Section 404 countries         Part 2




Indonesia                               Sweden
Iran                                    Switzerland
Ireland                                 Taiwan
Israel                                  Thailand
Italy                                   Tokelau
Kenya                                   Tonga
Kiribati                                Turkey
Korea, Republic of                      Tuvalu
Luxembourg                              Vietnam
Malaysia                                Western Samoa
Malta                                   Zimbabwe
Mexico




                       Income Tax Regulations 1936                       149
Schedule 12    Approved stock exchanges for the purposes of Part XI of the Act




Schedule 12               Approved stock exchanges
                          for the purposes of Part XI of
                          the Act
                          (regulation 152I)



Argentina
Buenos Aires stock exchange                   Curitiba stock exchange
Cordoba stock exchange                        Fortaleza stock exchange
La Plata stock exchange                       Porto Alegre stock exchange
Mendoza stock exchange                        Recife stock exchange
Rosario stock exchange                        Rio de Janeiro stock exchange
                                              Salvador stock exchange
Australia
                                              Santos stock exchange
Australian Stock Exchange
Limited                                       Sao Paulo stock exchange
Bendigo Stock Exchange                        Canada
Limited
                                              Calgary stock exchange
Stock Exchange of Newcastle
                                              Montreal stock exchange
Limited
                                              Toronto stock exchange
Austria                                       Vancouver stock exchange
Vienna stock exchange                         Winnipeg stock exchange

Belgium                                       Chile
Antwerp stock exchange                        Santiago stock exchange
Brussels stock exchange                       Valparaiso stock exchange
Liege stock exchange                          China
Bermuda                                       Shanghai stock exchange
Bermuda stock exchange                        Shenzhen stock exchange

Brazil                                        Colombia
Belo Horizonte stock exchange                 Bogota stock exchange


150                     Income Tax Regulations 1936
   Approved stock exchanges for the purposes of Part XI of the Act   Schedule 12




Denmark                                       Indonesia
Copenhagen stock exchange                     Jakarta stock exchange
                                              Surabaya stock exchange
Finland
Helsinki stock exchange                       Ireland
                                              Dublin stock exchange
France
Bordeaux stock exchange                       Israel
Lille stock exchange                          Tel Aviv stock exchange
Lyon stock exchange
                                              Italy
Marseille stock exchange
Paris stock exchange                          Bologna stock exchange
                                              Florence stock exchange
Germany                                       Genoa stock exchange
Berlin stock exchange                         Milan stock exchange
Dusseldorf stock exchange                     Naples stock exchange
Frankfurt stock exchange                      Palermo stock exchange
Hamburg stock exchange                        Rome stock exchange
Hannover stock exchange                       Trieste stock exchange
Munich stock exchange                         Turin stock exchange
Stuttgart stock exchange                      Venice stock exchange
Greece                                        Jamaica
Athens stock exchange                         Jamaica stock exchange
Hong Kong                                     Japan
Hong Kong stock exchange                      Hiroshima stock exchange
                                              Kyoto stock exchange
Hungary
                                              Nagoya stock exchange
Budapest stock exchange                       Niigata stock exchange
India                                         Osaka stock exchange
                                              Fukuoka stock exchange
Bombay stock exchange
                                              Sapporo stock exchange
Calcutta stock exchange
                                              Tokyo stock exchange
Delhi stock exchange
Madras stock exchange


                           Income Tax Regulations 1936                      151
Schedule 12    Approved stock exchanges for the purposes of Part XI of the Act




Korea, Republic of                         Portugal
Seoul stock exchange                       Lisbon stock exchange
                                           Oporto stock exchange
Luxembourg
Luxembourg stock exchange                  Singapore
                                           Singapore stock exchange
Malaysia
Kuala Lumpur stock exchange                Slovakia
                                           Bratislava stock exchange
Mexico
Mexican stock exchange                     Slovenia
                                           Ljubljana stock exchange
Netherlands
Amsterdam stock exchange                   South Africa

New Zealand                                Johannesburg stock exchange
New Zealand stock exchange                 Spain
Nigeria                                    Barcelona stock exchange
                                           Bilbao stock exchange
Nigerian stock exchange
                                           Madrid stock exchange
Norway                                     Valencia stock exchange
Oslo stock exchange                        Sri Lanka
Pakistan                                   Colombo stock exchange
Karachi stock exchange                     Sweden
Peru                                       Stockholm stock exchange
Lima Stock Exchange                        Switzerland
Philippines                                Basel stock exchange
                                           Geneva stock exchange
Makati stock exchange
                                           Zurich stock exchange
Manila stock exchange
                                           Taiwan
Poland
                                           Taiwan stock exchange
Warsaw Stock Exchange



152                      Income Tax Regulations 1936
   Approved stock exchanges for the purposes of Part XI of the Act   Schedule 12




Thailand                                      New York stock exchange
Thailand stock exchange                       Pacific stock exchange
                                              Philadelphia stock exchange
Trinidad and Tobago
                                              Uruguay
Trinidad and Tobago stock
exchange                                      Montevideo stock exchange

Turkey                                        Venezuela
Istanbul stock exchange                       Caracas stock exchange
                                              Maracaibo stock exchange
United Kingdom
London stock exchange                         Yugoslavia, Federal
                                              Republic of
United States                                 Belgrade stock exchange
American stock exchange                       Zimbabwe
Boston stock exchange                         Zimbabwe stock exchange
Cincinnati stock exchange
Midwest stock exchange
NASDAQ stock exchange




                           Income Tax Regulations 1936                      153
Schedule 13    Approved international sectoral classification systems for the
               purposes of Part XI of the Act




Schedule 13              Approved international
                         sectoral classification
                         systems for the purposes of
                         Part XI of the Act
                         (regulation 152J)


         Bloomberg‘s Information Systems
         Extel Financial Workstation
         Financial Times-Actuaries World Index
         International Finance Corporation Composite Index
         Morgan Stanley Capital International Index
         Salomon-Russell Global Equity Index
         Standard and Poor‘s Composite Index (S&P 500)




154                     Income Tax Regulations 1936
 Constitutionally protected superannuation funds — State legislation   Schedule 14
                                                       Queensland           Part 3




Schedule 14                  Constitutionally protected
                             superannuation funds — State
                             legislation
                             (regulation 177)


Part 1            New South Wales
101. Judges‘ Pensions Act 1953

Part 2            Victoria
201.   Attorney-General and Solicitor-General Act 1972
202.   Coal Mines Act 1958
203.   Constitution Act 1975
204.   County Court Act 1958
205.   County Court (Jurisdiction) Act 1968
206.   Justices Act 1958
207.   Magistrates (Summary Proceedings) Act 1975
208.   Mint Act 1958
209.   Ombudsman Act 1973, subsection 9 (2)
210.   Public Prosecutions Act 1994
211.   Supreme Court Act 1986

Part 3            Queensland
301. Governor’s Pension Act 1977
302. Judges (Pensions and Long Leave) Act 1957




                            Income Tax Regulations 1936                       155
Schedule 14     Constitutionally protected superannuation funds — State legislation
Part 4          Western Australia




Part 4          Western Australia
401.   Government Employees Superannuation Act 1987
402.   Judges’ Salaries and Pensions Act 1950
403.   Parliamentary Superannuation Act 1970
404.   Superannuation and Family Benefits Act 1938
405.   State Superannuation Act 2000, section 29

Part 5          South Australia
503. Governors’ Pensions Act 1976
504. Judges’ Pensions Act 1971
505. Parliamentary Superannuation Act 1974
506. Police Superannuation Act 1990 (other than sections 47 and 47A)
507. Southern State Superannuation Act 1994 (other than sections 47B
     and 47C)
508. Superannuation Act 1988 (other than section 52)

Part 6        Tasmania
601.   Governor of Tasmania Act 1982
602.   Judges’ Contributory Pensions Act 1968
603.   Public Servants’ Retiring and Death Allowances Act 1925
604.   Solicitor-General Act 1983




156                      Income Tax Regulations 1936
                                      Notes to the Income Tax Regulations 1936


                                                      Table of Instruments



Notes to the Income Tax Regulations 1936
Note 1
The Income Tax Regulations 1936 (in force under the Income Tax
Assessment Act 1936) as shown in this compilation comprise Statutory
Rules 1936 No. 94 amended as indicated in the Tables below.
The Income Tax Regulations 1936 were amended by the Veterans’
Entitlements (Transitional Provisions and Consequential Amendments)
Act 1986 (Act No. 28, 1986), the Taxation Laws Amendment Act (No. 2)
1986 (Act No. 49, 1986), the Taxation Laws Amendment Act (No. 3)
1986 (Act No. 112, 1986), the Taxation Laws Amendment (Tax File
Numbers) Act 1988 (Act No. 97, 1988), the Taxation Laws Amendment
Act (No. 3) 1994 (Act No. 138, 1994), the Tax Law Improvement
(Substantiation) Act 1995 (Act No. 30, 1998) and the A New Tax System
(Income Tax Laws Amendment) Act 1999 (Act No. 60, 1999). The
amendments are incorporated in this compilation.
For application, saving or transitional provisions relating to the
amendments see the Veterans’ Entitlements (Transitional Provisions and
Consequential Amendments) Act 1986 (Act No. 28, 1986), the Taxation
Laws Amendment Act (No. 2) 1986 (Act No. 49, 1986), the Taxation
Laws Amendment Act (No. 3) 1986 (Act No. 112, 1986), the Taxation
Laws Amendment (Tax File Numbers) Act 1988 (Act No. 97, 1988), the
Taxation Laws Amendment Act (No. 3) 1994 (Act No. 138, 1994), the
Tax Law Improvement (Substantiation) Act 1995 (Act No. 30, 1995), and
the A New Tax System (Income Tax Laws Amendment) Act 1999 (Act No.
60, 1999).
Under the Legislative Instruments Act 2003, which came into force on
1 January 2005, it is a requirement for all non-exempt legislative
instruments to be registered on the Federal Register of Legislative
Instruments. From 1 January 2005 the Statutory Rules series ceased to
exist and was replaced with Select Legislative Instruments (SLI series).
Numbering conventions remain the same, ie Year and Number.
All relevant information pertaining to application, saving or transitional
provisions prior to 24 December 1996 is not included in this compilation.
For subsequent information see Table A.




                        Income Tax Regulations 1936                       157
Notes to the Income Tax Regulations 1936


Table of Instruments




Table of Instruments

Year and           Date of                 Date of               Application,
number             notification            commencement          saving or
                   in Gazette or FRLI                            transitional
                   registration                                  provisions
1936 No. 94        9 July 1936             9 July 1936
1939 No. 6         9 Feb 1939              9 Feb 1939            —
1939 No. 42        25 May 1939             25 May 1939           —
1940 No. 138       18 July 1940            18 July 1940          —
1940 No. 289       17 Dec 1940             17 Dec 1940           —
1941 No. 120       28 May 1941             1 Aug 1941            —
1941 No. 327       31 Dec 1941             31 Dec 1941           —
1942 No. 339       30 July 1942            1 Aug 1942            —
1942 No. 553       31 Dec 1942             31 Dec 1942           —
1943 No. 80        29 Mar 1943             1 Apr 1943            —
1943 No. 127       13 May 1943             13 May 1943           —
1943 No. 151       2 June 1943             2 June 1943           —
1944 No. 90        8 June 1944             R. 16 (in part):      R. 73 (2) and (3)
                                           8 June 1944
                                           Remainder:
                                           1 July 1944
1944 No. 124       24 Aug 1944             24 Aug 1944           —
1945 No. 12        8 Feb 1945              8 Feb 1945            R. 2
1945 No. 85        5 June 1945             1 July 1945           —
1945 No. 169       1 Nov 1945              1 Nov 1945            —
1945 No. 192       6 Dec 1945              1 Jan 1946            —
1946 No. 135       9 Aug 1946              1 Sept 1946           —
1947 No. 77        13 June 1947            Rr. 3–6 and 14:       —
                                           1 July 1947
                                           Remainder:
                                           13 June 1947
1947 No. 173       22 Dec 1947             22 Dec 1947           R. 1 (2)
1948 No. 115       9 Sept 1948             1 Oct 1948            —
1948 No. 162       23 Dec 1948             23 Dec 1948           —
1949 No. 25        19 May 1949             1 July 1949           R. 3 (2)
1949 No. 50        18 Aug 1949             18 Aug 1949           —
1950 No. 63        9 Oct 1950              9 Oct 1950            R. 2 (2)
1950 No. 101       15 Dec 1950             Rr. 6–8: 1 Jan 1951   Rr. 5 (2) and 9
                                           Remainder:            (2)
                                           15 Dec 1950
1951 No. 136       1 Nov 1951              1 Nov 1951            —
1951 No. 157       12 Dec 1951             12 Dec 1951           —


158                       Income Tax Regulations 1936
                                     Notes to the Income Tax Regulations 1936


                                                      Table of Instruments



Year and       Date of              Date of                  Application,
number         notification         commencement             saving or
               in Gazette or FRLI                            transitional
               registration                                  provisions
1952 No. 89    26 Sept 1952         1 Oct 1952               —
1952 No. 90    9 Oct 1952           9 Oct 1952               R. 1 (2)
1952 No. 102   11 Dec 1952          11 Dec 1952              Rr. 1 (2) and 2
                                                             (2)
1953 No. 55    5 June 1953          5 June 1953              —
1953 No. 88    30 Oct 1953          1 Nov 1953               R. 3 (2)
1954 No. 11    16 Feb 1954          16 Feb 1954              R. 2
1954 No. 99    24 Sept 1954         1 Oct 1954               —
1954 No. 112   15 Nov 1954          15 Nov 1954              —
1955 No. 23    6 Apr 1955           6 Apr 1955               R. 4
1956 No. 34    19 Apr 1956          19 Apr 1956              —
1956 No. 35    10 May 1956          (a)                      R. 3 (2)
1956 No. 96    14 Dec 1956          R. 1 (1): 10 May 1956    R. 6 (2)
                                    R. 5 (1): 1 Jan 1957
                                    Remainder:
                                    14 Dec 1956
1957 No. 39    15 Aug 1957          15 Aug 1957              R. 2
1957 No. 74    12 Dec 1957          12 Dec 1957              —
1958 No. 27    24 Apr 1958          24 Apr 1958              Rr. 1 (2) and 4 (2)
1958 No. 70    30 Oct 1958          1 Nov 1958               —
1959 No. 25    16 Apr 1959          16 Apr 1959              —
1959 No. 81    24 Sept 1959         1 Oct 1959               —
1960 No. 44    17 June 1960         17 June 1960             R. 14
1960 No. 74    22 Sept 1960         1 Oct 1960               —
1962 No. 15    22 Feb 1962          1 Mar 1962               —
1962 No. 44    25 June 1962         1 July 1962              —
1962 No. 112   13 Dec 1962          13 Dec 1962              R. 2
1963 No. 53    28 June 1963         28 June 1963             R. 1 (2)
1963 No. 92    23 Sept 1963         1 Oct 1963               —
1964 No. 74    25 June 1964         25 June 1964             Rr. 1 (2) and 3 (2)
1964 No. 121   21 Sept 1964         1 Oct 1964               —
1964 No. 134   30 Oct 1964          30 Oct 1964              R. 2
1965 No. 133   13 Sept 1965         1 Oct 1965               —
1965 No. 187   14 Dec 1965          14 Dec 1965              —
1966 No. 156   17 Nov 1966          17 Nov 1966              —
1967 No. 112   31 Aug 1967          31 Aug 1967              —
1967 No. 126   25 Sept 1967         1 Oct 1967               R. 10
1968 No. 1     1 Jan 1968           1 Jan 1968               R. 15



                      Income Tax Regulations 1936                         159
Notes to the Income Tax Regulations 1936


Table of Instruments



Year and           Date of                 Date of        Application,
number             notification            commencement   saving or
                   in Gazette or FRLI                     transitional
                   registration                           provisions
1969 No. 68        16 May 1969             16 May 1969    —
1970 No. 43        2 Apr 1970              1 July 1970    —
1970 No. 126       11 Sept 1970            1 Oct 1970     —
1970 No. 168       30 Oct 1970             30 Oct 1970    —
1970 No. 213       30 Dec 1970             30 Dec 1970    —
1971 No. 120       14 Sept 1971            1 Oct 1971     —
1971 No. 148       19 Nov 1971             19 Nov 1971    —
1972 No. 48        20 Apr 1972             20 Apr 1972    —
1972 No. 50        24 Apr 1972             24 Apr 1972    —
1972 No. 137       18 Aug 1972             1 Sept 1972    R. 5
1973 No. 266       19 Dec 1973             19 Dec 1973    —
1974 No. 193       15 Oct 1974             1 Nov 1974     —
1974 No. 226       4 Dec 1974              1 Jan 1975     —
1974 No. 267       23 Dec 1974             23 Dec 1974    —
1975 No. 88        27 May 1975             27 May 1975    R. 3
1975 No. 89        27 May 1975             27 May 1975    —
1975 No. 99        30 May 1975             30 May 1975    —
1975 No. 101       6 June 1975             1 July 1975    —
1975 No. 213       28 Nov 1975             1 Jan 1976     R. 2
1976 No. 115       8 June 1976             1 July 1976    R. 2
1976 No. 188       1 Sept 1976             1 Oct 1976     R. 2
1976 No. 212       28 Sept 1976            28 Sept 1976   —
1977 No. 77        14 June 1977            1 July 1977    R. 2
1977 No. 107       30 June 1977            30 June 1977   R. 1 (2)
1977 No. 248       20 Dec 1977             1 Feb 1978     Rr. 2 and 3
1978 No. 85        16 June 1978            1 July 1978    R. 2
1978 No. 193       16 Oct 1978             1 Nov 1978     Rr. 2 and 3
1979 No. 126       6 July 1979             6 July 1979    —
1979 No. 239       9 Nov 1979              1 Dec 1979     R. 2
1980 No. 86        23 Apr 1980             23 Apr 1980    —
1980 No. 137       6 June 1980             1 July 1980    —
1980 No. 149       17 June 1980            17 June 1980   —
1981 No. 116       2 June 1981             1 July 1981    —
1981 No. 360       18 Dec 1981             18 Dec 1981    —
1982 No. 115       31 May 1982             31 May 1982    —
1982 No. 128       8 June 1982             8 June 1982    —
1982 No. 267       14 Oct 1982             1 Nov 1982     R. 2
1982 No. 280       25 Oct 1982             1 Nov 1982     R. 2


160                       Income Tax Regulations 1936
                                     Notes to the Income Tax Regulations 1936


                                                       Table of Instruments



Year and       Date of              Date of                  Application,
number         notification         commencement             saving or
               in Gazette or FRLI                            transitional
               registration                                  provisions
1983 No. 79    29 June 1983         29 June 1983             —
1983 No. 87    30 June 1983         30 June 1983             —
1983 No. 111   22 July 1983         22 July 1983             —
1983 No. 213   30 Sept 1983         1 Oct 1983               R. 6
1983 No. 319   16 Dec 1983          1 Feb 1984               R. 2
1984 No. 172   31 July 1984         1 Aug 1984               R. 2 (2)
1984 No. 286   12 Oct 1984          Rr. 3–5, 8 and 9:        —
                                    1 Nov 1984
                                    Remainder:
                                    12 Oct 1984
1984 No. 408   13 Dec 1984          13 Dec 1984              R. 6
1984 No. 416   13 Dec 1984          13 Dec 1984              —
1985 No. 21    8 Mar 1985           8 Mar 1985               —
1985 No. 148   28 June 1985         28 June 1985             —
1985 No. 274   21 Oct 1985          R. 2: 1 July 1986        —
                                    Rr. 3 and 4:
                                    1 Nov 1985
                                    Remainder:
                                    21 Oct 1985
1985 No. 278   28 Oct 1985          28 Oct 1985              R. 2
1986 No. 325   6 Nov 1986           1 Dec 1986               —
1987 No. 92    27 May 1987          1 July 1987              —
1987 No. 120   15 June 1987         15 June 1987             —
1988 No. 196   29 July 1988         29 July 1988             —
1988 No. 208   26 Aug 1988          1 Sept 1988              —
1988 No. 262   31 Oct 1988          31 Oct 1988              —
1988 No. 381   21 Dec 1988          21 Dec 1988              —
1988 No. 382   21 Dec 1988          1 Feb 1989               R. 14
1988 No. 383   21 Dec 1988          1 Feb 1989               —
1988 No. 384   21 Dec 1988          R. 13: 1 July 1989       R. 16
                                    Remainder:
                                    21 Dec 1988
1989 No. 67    28 Apr 1989          1 May 1989               —
1989 No. 80    4 May 1989           4 May 1989               —
1989 No. 115   15 June 1989         R. 9 (2): 1 Jan 1990     —
                                    Remainder:
                                    1 July 1989




                      Income Tax Regulations 1936                        161
Notes to the Income Tax Regulations 1936


Table of Instruments



Year and           Date of                 Date of                      Application,
number             notification            commencement                 saving or
                   in Gazette or FRLI                                   transitional
                   registration                                         provisions
 as amended by
 1989 No. 358      7 Dec 1989              Rr. 4–6: 1 Jan 1990          —
                                           Remainder:
                                           7 Dec 1989
1989 No. 123       21 June 1989            Rr. 3, 6, 9 (2) and 10:      R. 10
                                           1 July 1989
                                           Remainder:
                                           21 June 1989
1989 No. 124       21 June 1989            21 June 1989                 —
1989 No. 141       30 June 1989            R. 3: 1 July 1989            —
                                           Remainder:
                                           30 June 1989
1989 No. 250       6 Oct 1989              6 Oct 1989                   —
1989 No. 358       7 Dec 1989              Rr. 4–6: 1 Jan 1990          —
                                           Remainder:
                                           7 Dec 1989
1990 No. 19        31 Jan 1990             31 Jan 1990                  —
1990 No. 126       5 June 1990             30 June 1990                 —
1990 No. 151       25 June 1990            25 June 1990                 —
1990 No. 152       25 June 1990            25 June 1990                 —
1990 No. 192       29 June 1990            1 July 1990                  —
1990 No. 347       31 Oct 1990             1 Jan 1990                   —
1990 No. 390       6 Dec 1990              6 Dec 1990                   —
1990 No. 398       6 Dec 1990              1 Jan 1991                   —
1990 No. 468       9 Jan 1991              9 Jan 1991                   R. 3
1991 No. 20        20 Feb 1991             1 July 1989                  R. 6
1991 No. 121       6 June 1991             6 June 1991                  —
1991 No. 156       28 June 1991            28 June 1991                 —
1991 No. 158       28 June 1991            1 July 1990                  —
1991 No. 240       31 July 1991            R. 5: 1 July 1990            —
                                           Remainder:
                                           31 July 1991
1991 No. 300       30 Sept 1991            1 July 1991                  —
1991 No. 301       30 Sept 1991            1 Nov 1991                   —
1991 No. 390       27 Nov 1991             27 Nov 1991                  —
1991 No. 391       27 Nov 1991             27 Nov 1991                  —
1992 No. 38        7 Feb 1992              Rr. 3.3, 3.5, 3.6 and 4.1:   R. 5
                                           1 July 1989
                                           Remainder:
                                           1 Mar 1992
1992 No. 129       27 May 1992             27 May 1992                  —


162                       Income Tax Regulations 1936
                                     Notes to the Income Tax Regulations 1936


                                                       Table of Instruments



Year and       Date of              Date of                   Application,
number         notification         commencement              saving or
               in Gazette or FRLI                             transitional
               registration                                   provisions
1992 No. 216   30 June 1992         1 July 1991               —
1992 No. 313   7 Oct 1992           7 Oct 1992                —
1992 No. 449   24 Dec 1992          24 Dec 1992               —
1993 No. 15    29 Jan 1993          29 Jan 1993               —
1993 No. 46    21 Apr 1993          21 Apr 1993               —
1993 No. 47    21 Apr 1993          21 Apr 1993               —
1993 No. 65    4 May 1993           4 May 1993                —
1993 No. 91    31 May 1993          Rr. 3–5, 7 and 12:        —
                                    1 July 1993
                                    Rr. 8 and 10:
                                    1 July 1992
                                    R. 9: 1 July 1991
                                    Remainder:
                                    31 May 1993
1993 No. 159   29 June 1993         1 July 1993               —
1993 No. 202   20 July 1993         20 July 1993              —
1993 No. 216   3 Aug 1993           1 Jan 1993                —
1993 No. 275   5 Nov 1993           1 Jan 1993                —
1993 No. 288   5 Nov 1993           15 Nov 1993               —
1993 No. 370   23 Dec 1993          23 Dec 1993               —
1994 No. 95    7 Apr 1994           1 July 1994               —
1994 No. 96    7 Apr 1994           7 Apr 1994                —
1994 No. 127   3 May 1994           Rr. 3 and 4.7:            —
                                    20 Mar 1994
                                    R. 4.1-4.6: 1 July 1993
                                    Remainder:
                                    3 May 1994
1994 No. 174   8 June 1994          8 June 1994               —
1994 No. 195   16 June 1994         Rr. 10 and 11:            —
                                    16 June 1994
                                    Remainder:
                                    1 July 1992
1994 No. 219   30 June 1994         1 July 1994               —
1994 No. 399   30 Nov 1994          1 Dec 1994                —
1994 No. 412   13 Dec 1994          1 July 1989               —
1994 No. 460   30 Dec 1994          1 Dec 1994                —
1994 No. 461   30 Dec 1994          1 July 1994               —
1994 No. 462   30 Dec 1994          30 Dec 1994               —
1995 No. 58    29 Mar 1995          29 Mar 1995               —
1995 No. 107   18 May 1995          31 July 1994              —
1995 No. 139   15 June 1995         1 July 1995               —


                      Income Tax Regulations 1936                        163
Notes to the Income Tax Regulations 1936


Table of Instruments



Year and           Date of                 Date of                 Application,
number             notification            commencement            saving or
                   in Gazette or FRLI                              transitional
                   registration                                    provisions
1995 No. 152       29 June 1995            1 July 1994             —
1995 No. 153       29 June 1995            29 June 1995            —
1995 No. 194       30 June 1995            1 July 1995             —
1995 No. 316       26 Oct 1995             1 Nov 1995              R. 4
1995 No. 356       23 Nov 1995             R. 3: 27 Mar 1994       —
                                           Remainder:
                                           23 Nov 1995
1995 No. 381       6 Dec 1995              6 Dec 1995              —
1995 No. 382       6 Dec 1995              R. 3.1 and 3.2:         R. 5
                                           28 Jan 1993
                                           Rr. 3.4, 3.7 and 4.5:
                                           1 July 1992
                                           R. 4.3: 1 July 1991
                                           Remainder:
                                           6 Dec 1995
1995 No. 383       6 Dec 1995              6 Dec 1995              —
1995 No. 447       22 Dec 1995             22 Dec 1995             R. 4
1996 No. 38        4 Apr 1996              4 Apr 1996              —
1996 No. 56        15 May 1996             1 June 1996             —
1996 No. 114       20 June 1996            20 June 1996            —
1996 No. 124       28 June 1996            1 July 1996             —
1996 No. 133       28 June 1996            1 July 1996             R. 18
1996 No. 150       12 July 1996            12 July 1996            R. 8
1996 No. 185       21 Aug 1996             21 Aug 1996             —
1996 No. 274       11 Dec 1996             5 Nov 1994              —
1996 No. 320       20 Dec 1996             1 Jan 1997              —
1996 No. 345       24 Dec 1996             24 Dec 1996             —
1996 No. 346       24 Dec 1996             1 Mar 1997              R. 4
                                                                   [see Table A]
1997 No. 68        26 Mar 1997             26 Mar 1997             —
1997 No. 141       23 June 1997            1 July 1997             —
1997 No. 148       25 June 1997            25 June 1997            R. 2
                                                                   [see Table A]
1997 No. 169       30 June 1997            1 July 1997             —
1997 No. 176 (b)   30 June 1997            1 July 1997             —
1997 No. 191       4 July 1997             4 July 1997             R. 2
                                                                   [see Table A]
1997 No. 196       16 July 1997            1 Jan 1996              —
1997 No. 197       16 July 1997            1 July 1997             —
1997 No. 270       24 Sept 1997            24 Sept 1997            —



164                       Income Tax Regulations 1936
                                     Notes to the Income Tax Regulations 1936


                                                        Table of Instruments



Year and       Date of              Date of                      Application,
number         notification         commencement                 saving or
               in Gazette or FRLI                                transitional
               registration                                      provisions
1997 No. 338   3 Dec 1997           20 Aug 1996 (c)              —
1997 No. 368   15 Dec 1997          Parts 1 and 2                R. 10
                                    (rr. 1–3): 1 Apr 1995        [see Table A]
                                    Part 3 (r. 4): 24 Dec
                                    1996
                                    Part 4 (rr. 5–10):
                                    1 July 1997
                                    Part 6 (rr. 12, 13): 1 Jan
                                    1998
                                    Part 7 (r. 14):
                                    1 July 1998
                                    Remainder:
                                    15 Dec 1997
1997 No. 416   24 Dec 1997          1 Jan 1998                   —
1998 No. 14    18 Feb 1998          1 July 1998                  —
1998 No. 92    21 May 1998          21 May 1998                  —
1998 No. 129   9 June 1998          1 July 1998                  —
1998 No. 163   25 June 1998         1 July 1998                  —
1998 No. 313   19 Nov 1998          19 Nov 1998                  R. 4
                                                                 [see Table A]
1998 No. 348   22 Dec 1998          22 Dec 1998                  —
1999 No. 79    19 May 1999          19 May 1999                  —
1999 No. 80    19 May 1999          19 May 1999                  —
1999 No. 114   17 June 1999         1 July 1999                  R. 4
                                                                 [see Table A]
2000 No. 39    29 Mar 2000          29 Mar 2000                  —
2000 No. 72    12 May 2000          1 July 2000                  R. 4
                                                                 [see Table A]
2000 No. 90    1 June 2000          1 June 2000                  R. 4
                                                                 [see Table A]
2000 No. 117   15 June 2000         15 June 2000                 —
2000 No. 229   17 Aug 2000          17 Aug 2000                  —
2000 No. 262   15 Sept 2000         15 Sept 2000                 —
2001 No. 81    11 May 2001          11 May 2001                  —
2001 No. 100   23 May 2001          8 Sept 2000                  —
2001 No. 104   31 May 2001          23 Feb 2000                  —
2001 No. 107   31 May 2001          31 May 2001                  —
2001 No. 163   29 June 2001         30 June 2001 (see r. 2)      —
2001 No. 289   5 Oct 2001           5 Oct 2001                   —
2002 No. 44    7 Mar 2002           7 Mar 2002                   —
2002 No. 45    7 Mar 2002           7 Mar 2002                   —



                      Income Tax Regulations 1936                            165
Notes to the Income Tax Regulations 1936


Table of Instruments



Year and             Date of               Date of                   Application,
number               notification          commencement              saving or
                     in Gazette or FRLI                              transitional
                     registration                                    provisions
2002 No. 101         23 May 2002           1 July 2002               —
2002 No. 111         5 June 2002           Rr. 1–3 and               —
                                           Schedule 1: 1 July 2000
                                           Remainder: 5 June
                                           2002
2002 No. 169         3 July 2002           3 July 2002               —
2002 No. 215         12 Sept 2002          (d)                       —
2002 No. 302         4 Dec 2002            4 Dec 2002                —
2003 No. 204         6 Aug 2003            6 Aug 2003                —
2003 No. 215         21 Aug 2003           1 July 2002               —
2003 No. 262         16 Oct 2003           1 July 2003               R. 4
                                                                     [see Table A]
2003 No. 372         23 Dec 2003           1 Jan 2004                —
2004 No. 37          18 Mar 2004           18 Mar 2004               —
2004 No. 80          30 Apr 2004           30 Apr 2004               —
2004 No. 115         18 June 2004          1 July 2004               R. 4
                                                                     [see Table A]
2004 No. 146         25 June 2004          20 Sept 2004              —
2004 No. 248         12 Aug 2004           12 Aug 2004               —
2005 No. 32          11 Mar 2005 (see      12 Mar 2005               —
                     F2005L00426)
2005 No. 33          14 Mar 2005 (see      Rr. 1–3 and               —
                     F2005L00597)          Schedule 1: 1 July 2004
                                           Remainder: 20 Sept
                                           2004
2005 No. 117         8 June 2005 (see      9 June 2005               —
                     F2005L01316)
2005 No. 161         8 July 2005 (see      12 Aug 2005 (see r. 2)    R. 4
                     F2005L02002)                                    [see Table A]
2005 No. 181         9 Aug 2005 (see       1 Sept 2005               —
                     F2005L02045)
2005 No. 195         22 Aug 2005 (see      12 Aug 2005 (see r. 2)    R. 4
                     F2005L02271)                                    [see Table A]
(a)   Statutory Rules 1956 No. 35 were repealed by regulation 1 of Statutory Rules 1956
      No. 96, with effect from 10 May 1956.
(b)   Statutory Rule 1997 No. 176 was made under the Income Tax Assessment Act
      1936 and the Income Tax Assessment Act 1997.
(c)   Regulation 1 of Statutory Rules 1997 No. 338 provides as follows:
      1.1 These Regulations are taken to have commenced at 7.30 pm, by legal time in
           the Australian Capital Territory, on 20 August 1996.
(d)   Regulation 2 of Statutory Rules 2002 No. 215 provides as follows:



166                          Income Tax Regulations 1936
                                  Notes to the Income Tax Regulations 1936


                                                  Table of Instruments


2   These Regulations commence on the commencement of the Family Law
    Legislation Amendment (Superannuation) (Consequential Provisions) Act
    2001.
The Family Law Legislation Amendment (Superannuation) (Consequential
Provisions) Act 2001 commenced immediately after 28 December 2002.




                    Income Tax Regulations 1936                       167
 Notes to the Income Tax Regulations 1936


 Table of Amendments




Table of Amendments
The amendment history of the Income Tax Regulations 1936 after
renumbering by the Income Tax Regulations (Amendment) (1990 No.
192) appears in the Table below. For repealed provisions up to and
including 1990 No. 192 see the Repeal Table.
ad. = added or inserted           am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                            How affected
Part 1
R. 1 .....................................    am. 1950 No. 101; 1965 No. 187
                                              rs. 1998 No. 348
R. 2 .....................................    am. 1988 No. 384; Act No. 97, 1988; 1989 No. 123; 1990
                                                No.192; 1997 No. 141; 2000 No. 72; 2001 No. 289
Part 2
R. 3 .....................................    am. 1988 No. 384
Part 3
R. 4 .....................................    ad. 1947 No. 77
                                              am. 1947 No. 173; 1952 No. 102
                                              rs. 1955 No. 23
                                              am. 1988 No. 384
Note to r. 4 ..........................       ad. 1997 No. 176
R. 5 .....................................    ad. 1975 No. 88
                                              rs. 1985 No. 148
                                              am. 1991 No. 300; 1995 No. 107; 1997 No. 197
Note to r. 5 ..........................       ad. 1997 No. 197
R. 6 .....................................    ad. 1950 No. 101
                                              rs. 1952 No. 90
                                              rep. 1957 No. 39
                                              ad. 1964 No. 134
                                              am. 1989 No. 123
                                              rs. 1995 No. 356
                                              am. 1996 No. 274; 2001 No. 104
R. 7 .....................................    ad. 1990 No. 19
                                              rep. 1990 No. 390
                                              ad. 1995 No. 356
                                              am. 1997 No. 270
R. 7A ...................................     ad. 2000 No. 39
                                              am. 2000 Nos. 117 and 262; 2002 No. 44; 2003 No. 204;
                                                2004 No. 80
R. 7B ...................................     ad. 2002 No. 169
Heading to r. 8.....................          am. 1997 No. 148
R. 8 .....................................    ad. 1985 No. 21




168                                          Income Tax Regulations 1936
                                                             Notes to the Income Tax Regulations 1936


                                                                              Table of Amendments



ad. = added or inserted           am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                            How affected
R. 9 .....................................    ad. 1984 No. 172
                                              rs. 1988 No. 208
                                              am. 1993 No. 46
                                              rs. 1993 No. 202
R. 10 ...................................     am. 1941 No. 327; 1951 No. 157; 1967 No. 126; 1984
                                                No. 286; Act No. 112, 1986; 1988 No. 384; 1992 No. 313;
                                                1995 No. 153; 1996 No. 114; 1997 No. 197
Note to r. 10 (3) ...................         ad. 1997 No. 197
R. 11 ...................................     am. 1988 No. 384
Note to r. 11 ........................        ad. 1997 No. 197
R. 12 ...................................     rep. 1958 No. 27
                                              ad. 1966 No. 156
                                              rs. 1975 No. 89
                                              rep. 1990 No. 390
                                              ad. 1993 No. 159
                                              am. 1994 No. 95
R. 12A .................................      ad. 1991 No. 156
R. 13 ...................................     ad. 1942 No. 553
                                              rep. 1956 No. 96
                                              ad. 1970 No. 213
                                              am. 1988 No. 384
R. 14 ...................................     am. 1967 No. 126; 1988 No. 384; 1990 No. 192
R. 14AA...............................        ad. 1997 No. 196
Part 3A
Part 3A ...............................       ad. 1990 No. 347
R. 14A .................................      ad. 1990 No. 347
                                              rs. 1995 No. 152
R. 14B .................................      ad. 1990 No. 347
R. 14C .................................      ad. 1990 No. 347
R. 14D .................................      ad. 1990 No. 347
                                              am. 1995 No. 152
Part 3B
Part 3B ................................      ad. 1995 No. 381
R. 14E .................................      ad. 1995 No. 381
                                              rs. 1996 No. 185; 1998 No. 92
R. 15 ...................................     am. 1944 No. 90; 1960 No. 44; 1968 No. 1
                                              rep. 2001 No. 289
R. 16 ...................................     am. 1940 No. 289; 1941 No. 327; 1942 No. 339; 1943
                                                No. 127; 1968 No. 1; 1972 No. 48; 1990 No. 152
                                              rep. 2001 No. 289




                                             Income Tax Regulations 1936                                 169
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 17 ...................................    am. 1940 No. 289; 1942 No. 339; 1943 No. 127; 1944
                                               No. 124; 1964 No. 74; 1967 No. 126; 1968 No. 1; Act
                                               No. 97, 1988; 1989 No. 123; 1990 Nos. 151, 152 and
                                               390; 1994 No. 462
                                             rep. 2001 No. 289
R. 18 ...................................    ad. 1944 No. 90
                                             am. 1990 No. 152
                                             rep. 2001 No.289
Part 4
R. 19 ...................................    am. Act No. 97, 1988; 1994 No. 462; 2000 No. 72; 2002
                                               No. 302
R. 20 ...................................    am. 1984 No. 416
                                             rep. 2001 No. 289
R. 21 ...................................    am. 1960 No. 44; 1968 No. 1
                                             rep. 2001 No. 289
Rr. 22–27 ............................       rep. 2001 No. 289
R. 28 ...................................    am. 1940 No. 138; 1960 No. 44
                                             rs. 1970 No. 43
                                             am. 1983 No. 79; 1988 No. 384
                                             rs. 1994 No. 462; 1997 No. 169
                                             rep. 2001 No. 289
R. 29 ...................................    ad. 1942 No. 553
                                             am. 1960 No. 44
                                             rs. 1970 No. 43
                                             am. 1988 No. 384
                                             rep. 1994 No. 462
R. 30 ...................................    ad. 1960 No. 44
                                             rs. 1968 No. 1
                                             am. 1970 No. 43; 1988 No. 384
                                             rep. 1994 No. 462
R. 31 ...................................    ad. 1970 No. 43
                                             rep. 1994 No. 462
R. 32 ...................................    rep. 2001 No. 289
R. 33 ...................................    rs. 1970 No. 43
                                             am. 1988 No. 384
                                             rep. 2001 No. 289
R. 34 ...................................    rs. 1994 No. 462
                                             am. 1997 No. 176
                                             rep. 2001 No. 289
Part 4A
Part 4A ................................     ad. 2001 No. 289
R. 35 ...................................    rs. 1994 No. 462; 2001 No. 289
R. 36 ...................................    rs. 2001 No. 289
R. 37 ...................................    rs. 2001 No. 289



170                                         Income Tax Regulations 1936
                                                            Notes to the Income Tax Regulations 1936


                                                                             Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 37A .................................     ad. 2001 No. 289
R. 38 ...................................    am. 1997 No. 176
                                             rs. 2001 No. 289
R. 39 ...................................    am. 1988 No. 384; 1997 No. 176
                                             rs. 2001 No. 289
R. 40 ...................................    am. 1997 No. 176
                                             rs. 2001 No. 289
R. 41 ...................................    rep. 2001 No. 289
R. 42 ...................................    ad. 1984 No. 172
                                             am. 1988 No. 208; 1990 No. 126; 1991 No. 390; 1993
                                               No. 202; 1995 No. 139
                                             rep. 1998 No. 14
R. 43 ...................................    ad. 1972 No. 48
                                             rep. 1990 No. 390
Part 5
R. 44 ...................................    am. 1990 No. 390
R. 45 ...................................    am. 1990 No. 192
                                             rep. 1990 No. 390
R. 53 ...................................    am. 1972 No. 48; 1988 No. 384
 (Renumbered r. 45) ..........               1990 No. 390
R. 45 ...................................    am. 1990 No. 390
Part 5A
Part 5A ...............................      ad. 1994 No. 461
Division 1
R. 46 ...................................    am. 1990 No. 192
                                             rep. 1990 No. 390
                                             ad. 1994 No. 461
R. 47 ...................................    am. 1975 No. 99; 1990 No. 192
                                             rep. 1990 No. 390
                                             ad. 1994 No. 461
R. 48 ...................................    rep. 1990 No. 390
                                             ad. 1994 No. 461
R. 49 ...................................    am. 1940 No. 138; 1942 No. 553; 1943 No. 127; 1944
                                               No. 90; 1972 No. 48; 1984 No. 416; 1990 No. 192
                                             rep. 1990 No. 390
                                             ad. 1994 No. 461
Division 2
R. 50 ...................................    am. 1990 No. 192
                                             rep. 1990 No. 390
                                             ad. 1994 No. 461




                                            Income Tax Regulations 1936                                 171
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 51 ...................................    am. 1990 No. 192
                                             rep. 1990 No. 390
                                             ad. 1994 No. 461
                                             rs. 1999 No. 80
R. 52 ...................................    am. 1972 No. 48
                                             rep. 1990 No. 390
                                             ad. 1994 No. 461
R. 53 ...................................    ad. 1994 No. 461
R. 53A .................................     ad. 1994 No. 461
R. 53B .................................     ad. 1994 No. 461
R. 53C .................................     ad. 1994 No. 461
R. 53D .................................     ad. 1994 No. 461
Division 3
Heading to Div. 3 of Part 5A                 rs. 1999 No. 80
R. 53E .................................     ad. 1994 No. 461
                                             am. 1999 No. 80
R. 53F .................................     ad. 1994 No. 461
R. 53FA ...............................      ad. 1999 No. 80
Division 4
R. 53G.................................      ad. 1994 No. 461
R. 53H .................................     ad. 1994 No. 461
R. 53J..................................     ad. 1994 No. 461
                                             am. 1998 No. 313
                                             rs. 2002 No. 215
                                             am. 2004 No. 146
R. 53K .................................     ad. 1994 No. 461
                                             rs. 2002 No. 215
R. 53L .................................     ad. 1994 No. 461
R. 53M ................................      ad. 1994 No. 461
Part 6
Part 6 .................................     ad. Act No. 97, 1988
R. 54 ...................................    ad. Act No. 97, 1988
R. 55 ...................................    ad. Act No. 97, 1988
                                             am. 1990 No. 151; 1991 No. 240; 2000 No. 72
R. 56 ...................................    ad. Act No. 97, 1988
                                             am. 1990 No. 151; 1991 No. 240; 1992 No. 449; 2000
                                               No. 72; 2001 No. 289
R. 56A .................................     ad. 1991 No. 240
R. 57 ...................................    ad. Act No. 97, 1988
Part 6A ...............................      ad. 1991 No. 240
                                             rep. 2004 No. 37




172                                         Income Tax Regulations 1936
                                                            Notes to the Income Tax Regulations 1936


                                                                             Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 57A .................................     ad. 1991 No. 240
                                             rep. 2004 No. 37
R. 57B .................................     ad. 1991 No. 240
                                             rep. 2004 No. 37
R. 57C .................................     ad. 1991 No. 240
                                             rep. 2004 No. 37
R. 57D .................................     ad. 1991 No. 240
                                             rep. 2004 No. 37
Part 7
Division 1
Heading to Div. 1 of Part 7 ..               ad. 1944 No. 90
R. 58 ...................................    am. 1940 Nos. 138 and 289; 1947 No. 173; 1960 No. 44;
                                               1966 No. 156; 1968 No. 1
                                             rep. 1994 No. 195
Rr. 59–62 ............................       am. 1944 No. 90
                                             rep. 1994 No. 195
R. 63 ...................................    am. 1972 No. 48
                                             rep. 1994 No. 195
R. 64 ...................................    rep. 1994 No. 195
R. 65 ...................................    am. 1988 No. 384
                                             rep. 2000 No. 229
R. 66 ...................................    am. 1988 No. 384
Note to r. 66 ........................       ad. 2000 No. 229
R. 67 ...................................    am. 1972 No. 48; 1988 No. 384; 1989 No. 123
                                             rs. 1994 No. 195
                                             rep. 2000 No. 229
R. 68 ...................................    am. 1944 No. 90
                                             rs. 1994 No. 195
                                             rep. 2000 No. 229
Division 2
Heading to Div. 2 of Part 7 ..               ad. 1944 No. 90
                                             rs. 1945 No. 169
                                             am. 1947 No. 173; 1965 No. 187
                                             rs. 1975 No. 88
Subdiv. 1 of Div. 2 ..............           ad. 1990 No. 126
  of Part 7                                  rep. 2000 No. 72
R. 69 ...................................    ad. 1990 No. 126
                                             rep. 2000 No. 72
Heading to Subdiv. 2 ...........             ad. 1945 No. 169
  of Div. 2 of Part 7                        rep. 2000 No. 72
Subdiv. 2 of Div. 2 of ...........           ad. 1975 No. 213
  Part 7                                     rep. 2000 No. 72




                                            Income Tax Regulations 1936                                 173
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 70 ...................................    ad. 1940 No. 289
                                             rs. 1941 Nos. 120 and 327; 1942 No. 339; 1943 No. 80
                                             am. 1945 Nos. 85 and 192; 1946 No. 135; 1947 No. 77;
                                               1948 No. 115; 1949 No. 25
                                             rs. 1951 No. 136; 1952 No. 89
                                             am. 1953 No. 88; 1954 No. 99; 1959 No. 81; 1960 No. 74;
                                               1962 Nos. 15 and 44; 1964 No. 121
                                             rs. 1965 No. 133; 1967 No. 126; 1970 No. 126
                                             am. 1971 No. 120; 1972 Nos. 50 and 137; 1974 Nos. 193
                                               and 226; 1975 No. 101
                                             rs. 1975 No. 213
                                             am. 1976 Nos. 115 and 188; 1977 Nos. 77 and 248; 1978
                                               Nos. 85 and 193; 1979 No. 239; 1980 No. 137; 1981
                                               Nos. 116 and 360; 1982 Nos. 115 and 267; 1983 No.
                                               319; 1984 Nos. 172 and 286; 1986 No. 325; 1988 Nos.
                                               382 and 384; 1989 No. 67; 1990 Nos. 126 and 398; 1991
                                               Nos. 301 and 390; 1992 No. 216; 1993 Nos. 91 and 288;
                                               1994 No. 219; 1995 No. 194; 1996 Nos. 133 and 320;
                                               1997 No. 141; 1998 Nos. 14 and 163
                                             rep. 2000 No. 72
R. 71 ...................................    ad. 1986 No. 325
                                             am. Act No. 97, 1988; 1989 No. 115; 1990 No. 192; 1994
                                               No. 219; 1996 No. 133; 1997 No. 141
                                             rep. 2000 No. 72
R. 72 ...................................    ad. 1940 No. 289
                                             am. 1941 No. 120
                                             rs. 1941 No. 327
                                             am. 1942 No. 339; 1943 No. 80; 1944 Nos. 90 and 124;
                                               1945 Nos. 85 and 192; 1946 No. 135; 1947 No. 77; 1948
                                               No. 115; 1949 No. 25
                                             rs. 1950 No. 101; 1951 No. 136; 1952 No. 89
                                             am. 1958 No. 27; 1965 No. 133; 1967 No. 126; 1974
                                               Nos. 193 and 226; 1975 No. 101
                                             rs. 1975 No. 213
                                             am. 1976 No. 188
                                             rs. 1978 No. 193
                                             am. 1979 No. 239; 1980 No. 137; 1981 Nos. 116 and 360;
                                               1982 No. 267; 1983 No. 319; 1984 No. 286; 1985 No.
                                               274; 1986 No. 325; 1988 No. 383; Act No. 97, 1988; 1989
                                               Nos. 67 and 358; 1990 No. 398; 1993 Nos. 91 and 288;
                                               1994 No. 219; 1995 No. 194; 1996 No. 133; 1997
                                               No. 141; 1998 No. 129
                                             rep. 2000 No. 72
R. 72A .................................     ad. 1996 No. 133
                                             rep. 1997 No. 141




174                                         Income Tax Regulations 1936
                                                            Notes to the Income Tax Regulations 1936


                                                                             Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 73 ...................................    ad. 1951 No. 136
                                             rep. 1952 No. 89
                                             ad. 1983 No. 319
                                             am. 1984 No. 286; 1985 No. 274
                                             rs. 1986 No. 325
                                             am. 1988 No. 383; Act No. 97, 1988; 1989 Nos. 67 and
                                               358; 1990 No. 398; 1993 Nos. 91 and 288; 1994 No. 219;
                                               1995 No. 194; 1996 No. 133; 1997 No. 141; 1998 No.
                                               129
                                             rep. 2000 No. 72
R. 74 ...................................    ad. 1940 No. 289
                                             am. 1941 No. 120
                                             rs. 1944 No. 90
                                             am. 1945 No. 85; 1947 Nos. 77 and 173; 1950 No. 101;
                                               1951 No. 136; 1953 No. 88; 1958 No. 27; 1964 No. 74;
                                               1967 No. 126; 1971 No. 120; 1972 No. 137
                                             rs. 1975 No. 213
                                             am. 1976 No. 115
                                             rs. 1976 No. 188
                                             am. 1977 Nos. 77 and 248; 1978 No. 85
                                             rs. 1978 No. 193
                                             am. 1979 No. 239; 1980 No. 137; 1981 Nos. 116 and 360;
                                               1982 No. 267; 1983 No. 319; 1984 No. 286; 1985 No.
                                               274; 1986 No. 325; 1988 No. 382; Act No. 97, 1988; 1989
                                               No. 67; 1994 No. 219; 1997 No. 141
                                             rep. 2000 No. 72
R. 74A .................................     ad. 1996 No. 133
                                             rep. 1997 No. 141
R. 75 ...................................    ad. 1983 No. 319
                                             am. 1984 No. 286; 1985 No. 274; 1986 No. 325; 1988
                                               No. 382; Act No. 97, 1988; 1989 No. 67; 1994 No. 219;
                                               1997 No. 141
                                             rep. 2000 No. 72
R. 76 ...................................    ad. 1984 No. 286
                                             am. Act No. 138, 1994
                                             rep. 2000 No. 72
R. 77 ...................................    ad. 1940 No. 289
                                             rs. 1944 No. 90
                                             am. 1947 No. 173
                                             rs. 1975 No. 213
                                             am. 1976 No. 115
                                             rs. 1976 No. 188
                                             am. 1977 Nos. 77 and 248; 1978 No. 85
                                             rs. 1978 No. 193
                                             am. 1979 No. 239; 1980 No. 137; 1981 Nos. 116 and 360;
                                               1982 No. 267; 1983 No. 319; 1984 No. 286; 1985
                                               No. 274; 1986 No. 325; Act No. 97, 1988; 1989 No. 67;
                                               1994 No. 219; 1996 No. 133; 1997 No. 141
                                             rep. 2000 No. 72


                                            Income Tax Regulations 1936                                 175
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 78 ...................................    ad. 1945 No. 85
                                             am. 1947 No. 77; 1956 No. 96
                                             rs. 1958 No. 70
                                             am. 1965 No. 133; 1967 No. 126
                                             rs. 1975 No. 213
                                             am. 1976 Nos. 115 and 188; 1977 Nos. 77 and 248; 1978
                                               No. 85
                                             rep. 1978 No. 193
                                             ad. 1982 No. 267
                                             am. 1983 No. 319; 1984 No. 286; 1986 No. 325; Act No. 97,
                                               1988; 1989 No. 67; 1994 No. 219
                                             rep. 2000 No. 72
R. 79 ...................................    ad. 1975 No. 213
                                             am. 1976 No. 115; 1978 No. 193; 1981 No. 360; 1982
                                               No. 115; 1983 No. 319; 1984 No. 286; Act No. 97, 1988
                                             rs. 1988 No. 382
                                             am. 1989 No. 67; 1994 No. 219; 1996 No. 133; 1997
                                               No. 141
                                             rep. 2000 No. 72
R. 80 ...................................    ad. 1978 No. 193
                                             am. 1979 No. 239; 1981 No. 360; 1982 No. 267; 1983
                                               No. 319; 1986 No. 325; Act No. 97, 1988; 1989 No. 115;
                                               1993 No. 288; 1995 No. 194; 1996 No. 133; 1997
                                               Nos. 141 and 197
                                             rep. 2000 No. 72
R. 80A .................................     ad. 1993 No. 288
                                             am. 1997 No. 141
                                             rep. 2000 No. 72
R. 81 ...................................    ad. Act No. 97, 1988
                                             am. 1994 No. 219
                                             rep. 2000 No. 72
R. 82 ...................................    ad. 1989 No. 67
                                             am. 1989 No. 115; 1993 No. 288; 1995 No. 194; 1996
                                               No. 133; 1997 No. 141
                                             rep. 2000 No. 72
R. 82A .................................     ad. 1991 No. 301
                                             rep. 2000 No. 72
R. 82B .................................     ad. 1994 No. 219
                                             am. 1996 No. 124; 1997 No. 141
                                             rep. 2000 No. 72
R. 83 ...................................    ad. 1990 No. 126
                                             am. 1991 No. 301; 1995 No. 383
                                             rep. 2000 No. 72
R. 83A .................................     ad. 1996 No. 320
                                             am. 1997 No. 141
                                             rep. 2000 No. 72




176                                         Income Tax Regulations 1936
                                                            Notes to the Income Tax Regulations 1936


                                                                             Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 83B .................................     ad. 1998 No. 163
                                             rep. 2000 No. 72
R. 84 ...................................    ad. 1975 No. 213
                                             am. 1982 No. 267; 1984 No. 286; Act No. 97, 1988
                                             rep. 2000 No. 72
R. 85 ...................................    ad. 1975 No. 213
                                             am. 1976 Nos. 115 and 188; 1977 No. 248; 1978 No. 193;
                                               1981 No. 360; 1982 No. 267; 1986 No. 325; 1988
                                               No. 382; Act No. 97, 1988; 1989 No. 67; 1994 No. 219;
                                               1996 No. 320; 1998 No. 163
                                             rep. 2000 No. 72
R. 86 ...................................    ad. 1976 No. 188
                                             rep. 1978 No. 193
                                             ad. 1983 No. 319
                                             am. 1986 No. 325; Act No. 97, 1988; 1996 No. 133; 1997
                                               No. 141
                                             rep. 2000 No. 72
R. 86A .................................     ad. 1997 No. 141
                                             rep. 2000 No. 72
R. 87 ...................................    ad. 1983 No. 319
                                             rs. 1996 No. 133; 1997 No. 141
                                             rep. 2000 No. 72
R. 88 ...................................    ad. 1990 No. 126
                                             rep. 2000 No. 72
R. 88A .................................     ad. 1991 No. 301
                                             rep. 2000 No. 72
R. 89 ...................................    ad. 1975 No. 213
                                             am. 1976 Nos. 115 and 188; 1977 Nos. 77 and 107; 1978
                                               Nos. 85 and 193; 1980 No. 137; 1981 Nos. 116 and 360;
                                               1982 No. 267; 1983 No. 319; Act No. 97, 1988; 1996
                                               No. 320
                                             rs. 1988 No. 382
                                             am. 1998 No. 163
                                             rep. 2000 No. 72
R. 90 ...................................    ad. 1975 No. 213
                                             am. 1976 Nos. 115 and 188; 1977 No. 77; 1978 No. 193;
                                               1979 No. 239; 1983 No. 319; 1988 No. 382; Act No. 97,
                                               1988; 1990 No. 126; 1991 No. 301; 1997 No. 141
                                             rep. 2000 No. 72
R. 91 ...................................    ad. 1975 No. 213
                                             am. 1976 No. 188; 1978 No. 193
                                             rep. 2000 No. 72




                                            Income Tax Regulations 1936                                 177
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 92 ...................................    ad. 1975 No. 213
                                             am. 1976 Nos. 115 and 188; 1977 No. 248
                                             rs. 1978 No. 193
                                             am. 1981 No. 360; 1982 No. 267; 1983 No. 319; 1986
                                               No. 325; 1988 No. 382; 1990 No. 126; 1991 No. 301;
                                               1994 No. 219; 1996 No. 320; 1998 No. 163
                                             rep. 2000 No. 72
R. 93 ...................................    ad. 1975 No. 213
                                             am. 1976 Nos. 115 and 188; 1978 No. 193; 1981 No. 360;
                                               1982 No. 267; 1983 No. 319; 1988 No. 382; Act No. 97,
                                               1988; 1989 No. 67; 1990 No.126; 1991 No. 301; 1994
                                               No. 219; 1996 Nos. 133 and 320; 1997 No. 141; 1998 No.
                                               163
                                             rep. 2000 No. 72
R. 94 ...................................    ad. 1975 No. 213
                                             am. 1976 No. 188; 1978 No. 193; 1983 No. 319; 1990
                                               No. 126; 1991 No. 301
                                             rep. 2000 No. 72
R. 95 ...................................    ad. 1975 No. 213
                                             am. 1976 Nos. 115 and 188
                                             rs. 1978 No. 193
                                             am. 1982 No. 267; 1983 No. 319; 1984 No. 286; 1988
                                               No. 382; 1990 No. 126; 1996 No. 320; 1998 No. 163
                                             rep. 2000 No. 72
R. 96 ...................................    ad. 1975 No. 213
                                             am. 1976 No. 188
                                             rs. 1978 No. 193; Act No. 97, 1988
                                             am. 1989 No. 141
                                             rep. 2000 No. 72
Heading to Subdiv. 3 ...........             rs. 1998 No. 14
  of Div. 2 of Part 7
Subdiv. 3 of Div. 2 of ...........           ad. 1984 No. 172
  Part 7
Heading to r. 97...................          rs. 2000 No. 72
R. 97 ...................................    ad. 1984 No. 172
                                             am. 1988 No. 208; Act No. 97, 1988; 1990 No. 126; 1991
                                               No. 390; 1993 No. 202; 1996 No. 56; 1998 No. 14; 2000
                                               No. 72
R. 98 ...................................    ad. 1984 No. 172
                                             am. 1985 No. 278; 1986 No. 325; Act No. 97, 1988; 1989
                                               Nos. 115 and 141; 1990 Nos. 126 and 192; 1991 No.
                                               390; 1993 No. 202; 1996 Nos. 56 and 133; 1997 No. 141;
                                               1998 No. 14
                                             rep. 2000 No. 72
                                             ad. 2002 No. 215
Subdiv. 3A of Div. 2 of.........             ad. 1998 No. 14
  Part 7



178                                         Income Tax Regulations 1936
                                                            Notes to the Income Tax Regulations 1936


                                                                             Table of Amendments



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 99 ...................................    ad. 1984 No. 172
                                             am. 1984 No. 286; 1988 No. 208; Act No. 97, 1988; 1989
                                               No. 141; 1990 No. 126; 1991 No. 390; 1993 No. 202;
                                               1995 No. 139
                                             rs. 1998 No. 14
                                             am. 2002 No. 302
R. 99A .................................     ad. 1995 No. 139
                                             rs. 1998 No. 14
                                             am. 2002 No. 302
R. 99B .................................     ad. 1998 No. 14
                                             am. 2002 No. 302
R. 99C .................................     ad. 1998 No. 14
                                             am. 2002 No. 302
R. 99D .................................     ad. 1998 No. 14
                                             am. 2002 No. 302
R. 99E .................................     ad. 1998 No. 14
R. 99F .................................     ad. 1998 No. 14
                                             rs. 2000 No. 72
R. 99G.................................      ad. 1998 No. 14
R. 99H .................................     ad. 1998 No. 14
                                             rs. 2002 No. 302
R. 99I ..................................    ad. 1998 No. 14
                                             am. 2000 No. 72; 2002 No. 302
Rr. 99J, 99K ........................        ad. 1998 No. 14
                                             rep. 2000 No. 72
R. 99L .................................     ad. 1998 No. 14
                                             rs. 2002 No. 302
R. 99M ................................      ad. 1998 No. 14
R. 100 .................................     ad. 1989 No. 141
                                             am. 1990 No. 151; 1991 No. 390
                                             rs. 1998 No. 14
                                             rep. 2000 No. 72
Subdiv. 3B of Div. 2.............            ad. 1998 No. 14
  of Part 7
R. 100A ...............................      ad. 1998 No. 14
R. 100B ...............................      ad. 1998 No. 14
                                             am. 2002 No. 302
R. 100C ...............................      ad. 1998 No. 14
                                             am. 2002 No. 302
R. 100D ...............................      ad. 1998 No. 14
R. 100E ...............................      ad. 1998 No. 14
R. 100F ...............................      ad. 1998 No. 14
                                             rep. 2002 No. 302
R. 100G...............................       ad. 1998 No. 14


                                            Income Tax Regulations 1936                                 179
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
R. 100H ...............................     ad. 1998 No. 14
R. 100I ................................    ad. 1998 No. 14
R. 100J ................................    ad. 1998 No. 14
Heading to Subdiv. 4 ...........            rs. 1982 No. 280
  of Div. 2 of Part 7                       rep. 2000 No. 72
Subdiv. 4 of Div. 2 ...............         ad. 1982 No. 128
  of Part 7                                 rep. 2000 No. 72
R. 101 .................................    ad. 1982 No. 128
                                            am. 1982 No. 280; 1983 Nos. 87 and 213
                                            rep. 2000 No. 72
R. 102 .................................    ad. 1982 No. 280
                                            rep. 2000 No. 72
Rr. 103, 104 ........................       ad. 1982 No. 128
                                            am. 1982 No. 280
                                            rep. 2000 No. 72
R. 105 .................................    ad. 1982 No. 128
                                            am. 1982 No. 280; 1983 No. 213
                                            rep. 2000 No. 72
R. 106 .................................    ad. 1982 No. 128
                                            rep. 2000 No. 72
R. 107 .................................    ad. 1982 No. 128
                                            am. 1982 No. 280
                                            rep. 2000 No. 72
R. 108 .................................    ad. 1982 No. 128
                                            rep. 2000 No. 72
R. 109 .................................    ad. 1982 No. 128
                                            am. 1982 No. 280
                                            rep. 2000 No. 72
R. 110 .................................    ad. 1982 No. 128
                                            am. 1982 No. 280; 1983 No. 213
                                            rep. 2000 No. 72
Rr. 111, 112 ........................       ad. 1982 No. 280
                                            rep. 2000 No. 72
R. 113 .................................    ad. 1982 No. 128
                                            rep. 2000 No. 72
Heading to Subdiv. 5 ...........            ad. 1945 No. 169
  of Div. 2 of Part 7                       rep. 2000 No. 72
Subdiv. 5 of Div. 2 ...............         rep. 2000 No. 72
  of Part 7
R. 114 .................................    ad. 1944 No. 90
                                            am. 1970 No. 43; 1988 No. 384
                                            rs. 1994 No. 462
                                            rep. 2000 No. 72
R. 115 .................................    ad. 1944 No. 90



180                                        Income Tax Regulations 1936
                                                          Notes to the Income Tax Regulations 1936


                                                                            Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
                                            am. 1970 No. 43; 1994 No. 462
                                            rep. 2000 No. 72
R. 116 .................................    ad. 1944 No. 90
                                            am. 1960 No. 44; 1966 No. 156
                                            rep. 1994 No. 195
R. 117 .................................    ad. 1944 No. 90
                                            am. 1970 No. 43
                                            rep. 1994 No. 195
R. 118 .................................    ad. 1944 No. 90
                                            am. 1947 No. 173; 1970 No. 43; 1988 No. 384; 1994
                                              No. 462; 1997 No. 141
                                            rep. 2000 No. 72
R. 119 .................................    ad. 1944 No. 90
                                            am. 1947 No. 173; 1970 No. 43; 1988 No. 384; 1990
                                              No. 192; 1994 Nos. 219 and 462; 1999 Nos. 79 and 114
                                            rep. 2000 No. 72
R. 120 .................................    ad. 1944 No. 90
                                            am. 1970 No. 43; 1988 No. 384; 1993 No. 370; 1994
                                              No. 462
                                            rep. 2000 No. 72
R. 120A ...............................     ad. 1990 No. 390
                                            rep. 2000 No. 72
Subdiv. 6 of Div. 2 ...............         rep. 2000 No. 72
  of Part 7
Heading to Subdiv. 6 ...........            ad. 1945 No. 169
  of Div. 2 of Part 7                       am. 1947 No. 173
                                            rep. 2000 No. 72
R. 121 .................................    ad. 1944 No. 90
                                            am. 1947 No. 173; 1988 No. 384; 1994 No. 462
                                            rep. 2000 No. 72
R. 122 .................................    ad. 1944 No. 90
                                            rs. 1947 No. 173
                                            am. 1994 No. 462
                                            rep. 2000 No. 72
R. 123 .................................    ad. 1944 No. 90
                                            rep. 2000 No. 72
Heading to Div. 3.................          rs. 1987 No. 120
  of Part 7                                 rep. 2000 No. 72
Div. 3 of Part 7 ....................       ad. 1950 No. 101
                                            rep. 2000 No. 72
R. 124 .................................    ad. 1950 No. 101
                                            rep. 1956 No. 96
                                            ad. 1987 No. 120
                                            rs. 1988 No. 381
                                            am. 1993 Nos. 91 and 370; 1994 No. 174
                                            rep. 2000 No. 72



                                           Income Tax Regulations 1936                                 181
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
R. 124A ...............................     ad. 1994 No. 174
                                            rep. 2000 No. 72
Div. 4 of Part 7 ....................       ad. 1983 No. 111
                                            rep. 2000 No. 72
R. 125 .................................    ad.1993 No. 111
                                            rep. 2000 No. 72
R. 125A ...............................     ad. 1998 No. 348
                                            rep. 2000 No. 72
Heading to r. 126.................          rs. 1998 No. 348
                                            rep. 2000 No. 72
R. 126 .................................    ad. 1983 No. 111
                                            rep. 2000 No. 72
R. 126A ...............................     ad. 1998 No. 348
                                            rep. 2000 No. 72
R. 127 .................................    ad. 1983 No. 111
                                            rep. 2000 No. 72
R. 128 .................................    ad. 1983 No. 111
                                            am. 1985 No. 274; 1988 No. 384; Act No. 97, 1988; 1989
                                              No. 115; 1990 No. 192
                                            rep. 1993 No. 15
                                            ad. 1993 No. 91
                                            rep. 2000 No. 72
R. 129 .................................    ad. 1983 No. 111
                                            rs. 1993 No. 15
                                            rep. 2000 No. 72
R. 130 .................................    ad. 1983 No. 111
                                            am. 1993 No. 15
                                            rep. 1994 No. 195
R. 131 .................................    ad. 1983 No. 111
                                            rs. 1993 No. 15
                                            rep. 2000 No. 72
R. 132 .................................    ad. 1983 No. 111
                                            am. 1993 No. 15; 1994 No. 462
                                            rep. 2000 No. 72
Div. 5 of Part 7 ....................       ad. Act No. 97, 1988
                                            rep. 2000 No. 72
R. 133 .................................    ad. Act No. 97, 1988
                                            rep. 2000 No. 72
R. 134 .................................    ad. Act No. 97, 1988
                                            am. 1989 No. 115; 1990 No. 192
                                            rep. 2000 No. 72
Heading to Div. 6 of Part 7 ..              rs. 1968 No. 1
                                            rep. 2000 No. 72
Div. 6 of Part 7 ....................       ad. 1960 No. 44
                                            rep. 2000 No. 72


182                                        Income Tax Regulations 1936
                                                           Notes to the Income Tax Regulations 1936


                                                                            Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
R. 135 .................................    ad. 1960 No. 44
                                            am. 1968 No. 1; 1969 No. 68; 1973 No. 266; 1976 No. 212;
                                              Act No. 49, 1986; 1991 No. 391
                                            rep. 2000 No. 72
R. 136 .................................    ad. 1960 No. 44
                                            am. 1968 No. 1; 1972 No. 48; 1980 No. 149; 1988 No. 384;
                                              1991 No. 391
                                            rep. 2000 No. 72
R. 137 .................................    ad. 1968 No. 1
                                            am. 1988 No. 384; 1989 No. 123
                                            rep. 2000 No. 72
R. 137A ...............................     ad. 1993 No. 47
                                            am. 1997 No. 338
                                            rep. 2000 No. 72
R. 138 .................................    ad. 1960 No. 44
                                            rs. 1968 No. 1
                                            am. 1988 No. 384
                                            rep. 2000 No. 72
R. 139 .................................    ad. 1960 No. 44
                                            rs. 1968 No. 1
                                            rep. 2000 No. 72
R. 140 .................................    ad. 1960 No. 44
                                            am. 1966 No. 156; 1988 No. 384
                                            rep. 1994 No. 195
R. 141 .................................    ad. 1960 No. 44
                                            rs. 1968 No. 1
                                            am. 1970 No. 43; 1988 No. 384
                                            rs. 1994 No. 462
                                            rep. 2000 No. 72
Div. 7 of Part 7 ....................       ad. 1980 No. 86
                                            rep. 2000 No. 72
Rr. 142, 143 ........................       ad. 1980 No. 86
                                            rep. 2000 No. 72
R. 144 .................................    ad. 1980 No. 86
                                            rep. 1994 No. 195
R. 145 .................................    ad. 1980 No. 86
                                            rs. 1994 No. 462
                                            rep. 2000 No. 72
Division 8
Div. 8 of Part 7 ....................       ad. 1989 No. 80
R. 146 .................................    ad. 1989 No. 80
                                            am. Act No. 30, 1995
Heading to r. 147.................          am. 1998 No. 129
R. 147 ................................     ad. 1989 No. 80
                                            am. Act No. 30, 1995



                                           Income Tax Regulations 1936                                 183
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
Note to r. 147 ......................       ad. 1998 No. 129
Div. 9 of Part 7 ....................       ad. 1993 No. 370
                                            rep. 1994 No. 460
R. 147A ...............................     ad. 1993 No. 370
                                            rep. 1994 No. 460
Div. 9 of Part 7 ....................       ad. 1994 No. 399
                                            rep. 2000 No. 72
Rr. 147A–147C ...................           ad. 1994 No. 399
                                            rep. 2000 No. 72
Div. 10 of Part 7 .................         ad. 1994 No. 399
                                            rep. 2000 No. 72
Rr. 147D, 147E ...................          ad. 1994 No. 399
                                            rep. 2000 No. 72
Div. 11 of Part 7 ..................        ad. 1994 No. 399
                                            rep. 2000 No. 72
R. 147F ...............................     ad. 1994 No. 399
                                            rep. 2000 No. 72
Div. 11A of Part 7 ................         ad. 1995 No. 316
                                            rep. 2000 No. 72
Rr. 147FA, 147FB ...............            ad. 1995 No. 316
                                            rep. 2000 No. 72
Div. 11B of Part 7 ................         ad. 1996 No. 346
                                            rep. 2000 No. 72
Rr. 147FC–147FE ...............             ad. 1996 No. 346
                                            rep. 2000 No. 72
Division 12
Div. 12 of Part 7 ..................        ad. 1994 No. 460

R. 147G...............................      ad. 1994 No. 460
Part 8
Heading to Part 8 ................          rs. 1997 No. 148
Part 8 .................................    ad. 1990 No. 192
Division 1
Heading to Div. 1 of Part 8 ..              ad. 1996 No. 150
R. 148 .................................    ad. 1990 No. 192
                                            am. 1990 No. 468; 1991 No. 158
                                            rs. 1992 No. 216
                                            am. 1993 No. 91; 1994 No. 127; 1995 Nos. 382 and 447;
                                              1996 No. 150; 1997 No. 148
R. 149 .................................    ad. 1990 No. 192
                                            rs. 1997 No. 148
R. 150 .................................    ad. 1990 No. 192
                                            rep. 1997 No. 148



184                                        Income Tax Regulations 1936
                                                           Notes to the Income Tax Regulations 1936


                                                                            Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
Division 1A
Div. 1A of Part 8 ..................        ad. 1997 No. 148
R. 150AA.............................       ad. 1997 No. 148
                                            am. Act No. 60, 1999; 2002 No. 45
R. 150AB.............................       ad. 1997 No. 148
                                            am. Act No. 60, 1999; 2001 Nos. 81 and 107; 2002 No. 45;
                                              2005 Nos. 161 and 195
R. 150AC ............................       ad. 1997 No. 148
                                            rep. 2002 No. 45
R. 150AD ............................       ad. 1997 No. 148
R. 150AE.............................       ad. 1997 No. 148
                                            am. 2001 No. 107; 2002 No. 45
R. 150AF .............................      ad. 1997 No. 148
                                            am. 2002 No. 45
Division 2
Heading to Div. 2 of Part 8 ..              ad. 1996 No. 150
R. 150A ...............................     ad. 1996 No. 150
                                            am. 1997 No. 148
Heading to r. 151.................          rs. 2001 No. 107
R. 151 .................................    ad. 1990 No. 192
                                            am. 1992 No. 216; 1993 No. 91; 1994 No. 127; 1997
                                              No. 197; Act No. 60, 1999; 2001 Nos. 81 and 107
Division 3
Heading to Div. 3 of Part 8 ..              ad. 1996 No. 150
R. 152 .................................    ad. 1990 No. 192
                                            am. 1991 No. 158; 1992 No. 216; 1993 No. 91; 1995
                                              Nos. 382 and 447; 1996 No. 150 ;
                                            rs. 1996 No. 345
                                            am. 1997 No. 148; 2000 No. 90; 2003 No. 262; 2005
                                              No. 161
Part 8A
Part 8A ...............................     ad. 1991 No. 20
Division 1
Heading to Div. 1 of.............           ad. 2004 No. 115
  Part 8A
R. 152A ...............................     ad. 1991 No. 20
                                            am. 1997 No. 368; 2004 Nos. 115 and 248
Division 2
Heading to Div. 2 of.............           ad. 2004 No. 115
  Part 8A
R. 152B ...............................     ad. 1991 No. 20
                                            am. 1997 No. 368
                                            rs. 2004 No. 115



                                           Income Tax Regulations 1936                                 185
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
R. 152C ...............................     ad. 1991 No. 20
                                            am. 1992 No. 38; 1994 No. 412; 1997 No. 368
                                            rs. 2004 Nos. 115 and 248
R. 152D ...............................     ad. 1991 No. 20
                                            am. 1997 No. 368
                                            rs. 2004 No. 115
R. 152E ...............................     ad. 1991 No. 20
                                            am. 1997 No. 368
                                            rs. 2004 No. 115
R. 152F ...............................     ad. 1991 No. 20
                                            am. 1997 No. 368
                                            rep. 2004 No. 115
R. 152G...............................      ad. 1991 No. 20
                                            rep. 2004 No. 115
R. 152H ...............................     ad. 1991 No. 20
                                            am. 1997 No. 368
                                            rep. 2004 No. 115
R. 152HA ............................       ad. 1992 No. 38
                                            am. 1997 No. 368
 Renumbered r. 152F ........                2004 No. 115
Heading to r. 152I................          am. 1997 No. 368
R. 152I ................................    ad. 1991 No. 20
                                            am. 1997 No. 368
                                            rep. 2004 No. 115
R. 152J ................................    ad. 1991 No. 20
                                            rs. 1997 No. 368
                                            rep. 2004 No. 115
R. 152K ...............................     ad. 1991 No. 20
 Renumbered r. 152G ........                2004 No. 115
Division 3
Heading to Div. 3 of.............           ad. 2004 No. 115
  Part 8A
R. 152L ...............................     ad. 1993 No. 216
                                            am. 1997 Nos. 176 and 197; 2001 No. 163
 Renumbered r. 152H ........                2004 No. 115
R. 152M ..............................      ad. 1993 No. 216
                                            rep. 1997 No. 368
R. 152N ...............................     ad. 1993 No. 275
 Renumbered r. 152I..........               2004 No. 115
R. 152P ...............................     ad. 1993 No. 275
 Renumbered r. 152J .........               2004 No. 115




186                                        Income Tax Regulations 1936
                                                           Notes to the Income Tax Regulations 1936


                                                                            Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
Part 9
Part 9 .................................    ad. 1943 No. 127
R. 153 .................................    ad. 1941 No. 327
                                            rep. 1942 No. 339
                                            ad. 1943 No. 127
                                            am. 1956 No. 96; 2005 No. 117
R. 154 .................................    ad. 1941 No. 327
                                            rep. 1942 No. 339
                                            ad. 1943 No. 127
                                            am. 1972 No. 48; 1988 No. 384; 2005 No. 117
R. 155 .................................    ad. 1943 No. 127
                                            am. 1972 No. 48; 1988 No. 384
                                            rs. 2005 No. 117
R. 156 .................................    ad. 1988 No. 262
                                            am. 1989 No. 250
                                            rs. 2005 No. 117
R. 157 .................................    ad. 1943 No. 127
                                            am. 1988 No. 262
                                            rep. 2005 No. 117
R. 158 .................................    ad. 1943 No. 127
                                            rs. 1988 No. 262
                                            ad. 2005 No. 117
R. 158A ...............................     ad. 1997 No. 416
R. 159 .................................    ad. 1943 No. 127
                                            am. 1988 No. 262; 2005 No. 117
R. 160 .................................    ad. 1943 No. 127
                                            am. 1988 No. 262; 2005 No. 117
R. 161 .................................    ad. 1943 No. 127
                                            am. 1947 No. 77
                                            rs. 1988 No. 262
                                            am. 2005 No. 117
R. 162 .................................    ad. 1943 No. 127
                                            rep. 2005 No. 117
R. 163 .................................    ad. 1947 No. 77
                                            am. 1967 No. 126; 1984 No. 408; 1989 No. 123; 2002
                                              No. 302; 2005 No. 117
R. 164 .................................    ad. 1943 No. 127
                                            am. 1988 No. 262; 2002 No. 302; 2005 No. 117
R. 165 .................................    ad. 1943 No. 127
                                            am. 1944 No. 90; 1990 No. 192; 2005 No. 117
R. 166 .................................    ad. 1943 No. 127
                                            am. 1947 No. 77
                                            rs. 1988 No. 262
                                            am. 2005 No. 117




                                           Income Tax Regulations 1936                                 187
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted         am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                          How affected
R. 167 .................................    ad. 1943 No. 127
                                            rs. 1988 No. 262
                                            am. 2005 No. 117
R. 168 ................................     ad. 1943 No. 127
                                            am. 1945 No. 85; 1972 No. 48; 1984 No. 416; 1988
                                              No. 262; 1989 No. 123; 1990 No. 192; 2002 No. 302;
                                              2005 No. 117
R. 169 .................................    ad. 1947 No. 77
                                            am. 1989 No. 123; 2005 No. 117
R. 170 .................................    am. 1988 No. 384; 1991 No. 20; 1997 No. 176
                                            rep. 2001 No. 289
Part 9A
Part 9A ................................    ad. 2005 No. 33
R. 170 .................................    ad. 2005 No. 33
                                            rs. 2005 No. 33
Part 10
R. 171 .................................    am. 1997 No. 176
R. 172 .................................    am. 1972 No. 48
                                            rs. 1984 No. 416
                                            am. 1989 No. 123; 1997 No. 176
R. 174 .................................    am. 1967 No. 126
                                            rs. 1972 No. 48; 1984 No. 416
                                            am. 1988 No. 384; 1990 No. 192
R. 175 .................................    ad. 1979 No. 126
R. 176 .................................    am. 1967 No. 126
                                            rs. 1984 No. 408
                                            am. Act No. 97, 1988
                                            rep. 2002 No. 302
R. 177 .................................    ad. 1997 No. 191
                                            rs. 2002 No. 111
R. 178 .................................    ad. 2002 No. 101
Schedule 1
Heading to Schedule ...........             ad. 1990 No. 192
Schedule 1 ..........................       am. 1943 No. 127; 1944 No. 124; 1951 No. 157; 1958
                                              No. 27; 1965 No. 187; 1967 No. 126; 1984 Nos. 286, 408
                                              and 416; 1990 No. 152
  Form 1 ..............................     1936 No. 94
                                            am. 1984 No. 416
  Form 2 ..............................     1936 No. 94
                                            am. 1984 No. 416
  Form 3 .............................      1936 No. 94
  Form 4 .............................      1936 No. 94
                                            rs. 1984 No. 408



188                                        Income Tax Regulations 1936
                                                        Notes to the Income Tax Regulations 1936


                                                                         Table of Amendments



ad. = added or inserted       am. = amended      rep. = repealed   rs. = repealed and substituted

Provision affected                       How affected
Schedule 2
Heading to Schedule 2 ........           ad. 1990 No. 192
Schedule 2 ..........................    am. 1967 No. 126
Schedule 2A
Schedule 2A ........................     ad. 1994 No. 461
Schedule 2B
Schedule 2B ........................     ad. 1994 No. 461
                                         am. 2002 No. 215
Schedule 3
Heading to Schedule 3 ........           ad. 1990 No. 192
Schedule 3 ..........................    ad. 1941 No. 327
                                         rs. 1942 No. 339; 1943 No. 80; 1945 Nos. 85 and 192; 1946
                                           No. 135; 1947 Nos. 77 and 173; 1948 No. 115; 1949
                                           No. 5; 1950 No. 101; 1951 No. 136; 1952 No. 89; 1953
                                           No. 88; 1954 No. 99
                                         am. 1958 No. 27
                                         rs. 1959 No. 81; 1960 No. 74; 1962 Nos. 15 and 44
                                         am. 1963 No. 92
                                         rs. 1964 No. 121; 1965 No. 133; 1967 No. 126; 1970
                                           No. 126; 1971 No. 120; 1972 Nos. 50 and 137; 1974
                                           Nos. 193 and 226; 1975 Nos. 101 and 213; 1976 No. 115
                                         am. 1976 No. 188
                                         rs. 1977 Nos. 77 and 248; 1978 Nos. 85 and 193; 1979
                                           No. 239; 1980 No. 137; 1981 No. 116; 1982 No. 267;
                                           1983 No. 319; 1984 No. 286; 1985 No. 274; 1986
                                           No. 325; 1987 No. 92
                                         am. 1988 No. 383
                                         rs. 1989 No. 115
                                         am. 1989 No. 115 (as am. by 1989 No. 358)
                                         rs. 1989 No. 358; 1990 No. 398
                                         am. 1993 No. 91
                                         rs. 1993 No. 288
                                         am. 1995 No. 194
                                         rs. 1996 No. 133
                                         am. 1997 No. 141; 1998 No. 129
Schedule 4
Schedule 4 ..........................    ad. 1982 No. 128
Schedule 5
Heading to Schedule 5 ........           ad. 1990 No. 192
Schedule 5 ..........................    ad. 1984 No. 416
Schedule 6
Schedule 6 ..........................    ad. 1989 No. 80
                                         am. 1989 No. 124; 1990 No. 192; 1991 No. 121; 1992
                                           No. 129; 1993 No. 65; 1994 No. 96; 1995 No. 58; 1996
                                           No. 38; 1997 No. 68



                                        Income Tax Regulations 1936                                 189
 Notes to the Income Tax Regulations 1936


 Table of Amendments



ad. = added or inserted       am. = amended      rep. = repealed   rs. = repealed and substituted

Provision affected                       How affected
Schedule 9
Schedule 9 ..........................    ad. 1991 No. 20
                                         am. 1997 No. 368
                                         rs. 1997 No. 368; 2004 No. 115
Schedule 10
Heading to Schedule 10 ......            rs. 2004 Nos. 115 and 248
Heading to Part 1 ................       rs. 2004 No. 248
Heading to Part 2 ................       rs. 2004 No. 248
Schedule 10 ........................     ad. 1991 No. 20
                                         rs. 1997 No. 368
                                         am. 2001 No. 100; 2003 No. 372
Schedule 11
Schedule 11 ........................     ad. 1993 No. 216
                                         rep. 1997 No. 368
Schedule 12
Heading to Schedule 12 ......            rs. 2004 No. 115
Schedule 12 ........................     ad. 1993 No. 275
                                         am. 1997 No. 368; 2003 No. 215; 2005 Nos. 32 and 181
Schedule 13
Heading to Schedule 13 ......            rs. 2004 No. 115
Schedule 13 ........................     ad. 1993 No. 275
Schedule 14
Schedule 14 ........................     ad. 1997 No. 191
                                         am. 2002 No. 111




190                                     Income Tax Regulations 1936
                                                             Notes to the Income Tax Regulations 1936


                                                                                          Repeal Table




Repeal Table
Certain provisions of the Income Tax Regulations 1936, as amended,
were repealed either prior to renumbering by the Income Tax Regulations
(Amendment) (1990 No. 192) or by that Regulation. The amendment
history of the repealed provisions appears in the Table below.
ad. = added or inserted           am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                            How affected
R. 2 .....................................    am. 1940 No. 289; 1941 No. 327; 1942 No. 339; 1943
                                                No. 127; 1944 No. 90; 1945 No. 169; 1949 No. 25; 1950
                                                Nos. 63 and 101
                                              rs. 1956 No. 96
                                              am. 1960 No. 44; 1965 No. 187; 1966 No. 156; 1968 No. 1;
                                                1970 No. 168; 1972 No. 48
                                              rep. 1974 No. 267
R. 4AD ................................       ad. 1952 No. 90
                                              am. 1956 No. 34
                                              rep. 1956 No. 96
R. 4AB ................................       ad. 1947 No. 77
                                              rs. 1949 No. 25
                                              am. 1950 Nos. 63 and 101
                                              rs. 1957 No. 39
                                              am. 1957 No. 74; 1960 No. 44; 1962 No. 112; 1963 No. 53;
                                                1966 No. 156; 1972 No. 48
                                              rep. 1988 No. 196
R. 4AD ................................       ad. 1965 No. 187
                                              am. 1967 Nos. 112 and 126
                                              rep. 1989 No. 123
R. 4A ...................................     ad. 1942 No. 553
                                              am. 1945 No. 12
                                              rs. 1954 No. 11; 1955 No. 23; 1959 No. 25; 1972 No. 48;
                                                1975 No. 89
                                              rep. 1984 No. 172
R. 4B ...................................     ad. 1953 No. 55
                                              am. 1967 No. 126
                                              rep. 1988 No. 384
R. 6A ...................................     ad. 1939 No. 6
                                              rep. 1939 No. 42
R. 7B ...................................     ad. 1943 No. 80
                                              am. 1943 No. 151
                                              rep. 1956 No. 96
R. 8A ...................................     ad. 1960 No. 44
                                              rep. 1968 No. 1
                                              ad. 1977 No. 107
                                              am. 1978 No. 85
                                              rep. 1983 No. 319


                                             Income Tax Regulations 1936                                 191
 Notes to the Income Tax Regulations 1936


 Repeal Table



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 11B .................................     ad. 1960 No. 44
                                             rep. 1968 No. 1
R. 22 ...................................    am. 1960 No. 44
                                             rs. 1970 No. 43
                                             rep. 1983 No. 79
R. 26A .................................     ad. 1963 No. 53
                                             rep. 1988 No. 384
R. 33 ...................................    am. 1943 No. 127; 1945 No. 169; 1988 No. 384
                                             rep. 1990 No. 152
Heading to Part VIA ............             rep. 1944 No. 90
Subdiv. A of Div. 2 of .........             rep. 1975 No. 213
  Part VI (rr. 54AA, 54AB,
  54A–54D, 54DA)
R. 54AA ..............................       ad. 1950 No. 101
                                             am. 1958 No. 27; 1964 No. 74; 1974 No. 193
                                             rep. 1975 No. 213
R. 54AB ..............................       ad. 1974 No. 267
                                             rep. 1975 No. 213
R. 54DAE ............................        ad. 1975 No. 213
                                             am. 1976 No. 115; 1977 No. 77; 1978 Nos. 85 and 193;
                                               1980 No. 137; 1981 No. 116; 1982 No. 267
                                             rep. 1988 No. 382
R. 54DAEA .........................          ad. 1976 No. 115
                                             am. 1977 No. 77; 1978 Nos. 85 and 193; 1980 No. 137;
                                               1981 Nos. 116 and 360
                                             rep. 1988 No. 382
R. 54DAF ............................        ad. 1975 No. 213
                                             rep. 1988 No. 382
Subdiv. AA of Div. 2 of .......              ad. 1974 No. 267
  Part VI (rr. 54DB–54DJ)                    rep. 1978 No. 193
R. 54DI................................      ad. 1974 No. 267
                                             rep. 1978 No. 193
R. 54E .................................     ad. 1941 No. 120
                                             am. 1942 No. 339
                                             rep. 1944 No. 90
Heading to Div. 3 of Part VI                 rep. 1945 No. 169
R. 54L .................................     ad. 1944 No. 90
                                             rep. 1947 No. 173
R. 54M ................................      ad. 1944 No. 90
                                             am. 1945 No. 85
                                             rep. 1947 No. 173
Heading to Div. 4 of Part VI                 rep. 1945 No. 169
Rr. 54P, 54Q .......................         ad. 1944 No. 90
                                             am. 1945 No. 169
                                             rep. 1947 No. 173


192                                         Income Tax Regulations 1936
                                                            Notes to the Income Tax Regulations 1936


                                                                                         Repeal Table



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
R. 54R.................................      ad. 1944 No. 90
                                             rep. 1947 No. 173
R. 54S .................................     ad. 1944 No. 90
                                             am. 1945 No. 169
                                             rep. 1947 No. 173
Rr. 54T–54V .......................          ad. 1944 No. 90
                                             rep. 1947 No. 173
R. 54W ................................      ad. 1944 No. 90
                                             am. 1945 No. 85
                                             rep. 1947 No. 173
Rr. 54AA–54AF ...................            ad. 1944 No. 90
                                             rep. 1947 No. 173
Div. 3 of Part VI ..................         ad. 1945 No. 169
  (r. 54AG)                                  rep. 1950 No. 101
Div. 3 of Part VI ..................         rep. 1950 No. 101
  (rr. 54AG–54AL)
R. 54AG ..............................       ad. 1945 No. 169
                                             rep. 1950 No. 101
R. 54AH ..............................       ad. 1946 No. 135
                                             rep. 1950 No. 101
R. 54AJ ...............................      ad. 1947 No. 77
                                             rep. 1950 No. 101
R. 54AK ..............................       ad. 1948 No. 162
                                             rep. 1950 No. 101
R. 54AL ...............................      ad. 1949 No. 50
                                             rep. 1950 No. 101
R. 54ZB...............................       ad. 1951 No. 157
                                             rep. 1956 No. 96
R. 54ZC ..............................       ad. 1952 No. 102
                                             rep. 1956 No. 96
R. 54ZD ..............................       ad. 1953 No. 88
                                             rep. 1956 No. 96
R. 54ZE...............................       ad. 1954 No. 112
                                             rs. 1965 No. 187; 1970 No. 168; 1971 No. 148
                                             am. 1972 No. 50
                                             rep. 1988 No. 384
R. 54ZEA ............................        ad. 1966 No. 156
                                             rep. 1970 No. 168
Part VII ...............................     rep. 1984 No. 408
  (rr. 55–58)
R. 55 ...................................    am. 1972 No. 48
                                             rep. 1984 No. 408
Rr. 56–58 ............................       rep. 1984 No. 408




                                            Income Tax Regulations 1936                                 193
 Notes to the Income Tax Regulations 1936


 Repeal Table



ad. = added or inserted          am. = amended       rep. = repealed   rs. = repealed and substituted

Provision affected                           How affected
Part VIIA ............................       ad. 1941 No. 327
  (rr. 58A, 58B)                             rep. 1942 No. 339
Rr. 58A, 58B .......................         ad. 1941 No. 327
                                             rep. 1942 No. 339
R. 58D.................................      ad. 1943 No. 127
                                             rep. 1988 No. 262
R. 58FA...............................       ad. 1947 No. 77
                                             rep. 1988 No. 262
R. 58PA ..............................       ad. 1947 No. 77
                                             am. 1949 No. 25
                                             rep. 1988 No. 262
R. 61 ...................................    rep. 1989 No. 123
R. 66 ...................................    ad. 1943 No. 127
                                             rs. 1950 No. 101
                                             am. 1955 No. 23; 1967 No. 126; 1975 No. 213
                                             rep. 1989 No. 123
Heading to The First ...........             rep. 1990 No. 192
 Schedule
 Form 3..............................        1936 No. 94
                                             rep. 1984 No. 286
  Form 4..............................       1936 No. 94
                                             rs. 1951 No. 157
                                             am. 1965 No. 187; 1967 No. 126
                                             rep. 1984 No. 286
  Form 5..............................       1936 No. 94
                                             rep. 1951 No. 157
  Form 6..............................       1936 No. 94
                                             rep. 1958 No. 27
  Form 7..............................       1936 No. 94
                                             am. 1943 No. 127; 1944 No. 124
                                             rep. 1990 No. 152
  Form 10............................        1936 No. 94
                                             rs. 1951 No. 157
                                             am. 1965 No. 187
                                             rep. 1984 No. 408
  Form 11............................        1936 No. 94
                                             rep. 1984 No. 408
Heading to The Second ......                 rep. 1990 No. 192
  Schedule
Heading to Third Schedule .                  rep. 1990 No. 192
The Fourth Schedule ..........               ad. 1941 No. 327
                                             rep. 1942 No. 339




194                                         Income Tax Regulations 1936
                                                      Notes to the Income Tax Regulations 1936


                                                                                   Repeal Table



ad. = added or inserted     am. = amended      rep. = repealed   rs. = repealed and substituted

Provision affected                     How affected
Fourth Schedule..................      ad. 1965 No. 187
                                       rep. 1967 No. 126
                                       ad. 1974 No. 267
                                       rep. 1978 No. 193
The Fifth Schedule ..............      ad. 1966 No. 156
                                       rs. 1972 No. 48
                                       rep. 1975 No. 89
Sixth Schedule ....................    ad. 1967 No. 112
                                       rep. 1989 No. 123
Heading to Seventh ............        rep. 1990 No. 192
 Schedule




                                      Income Tax Regulations 1936                                 195
Notes to the Income Tax Regulations 1936


Table A




Table A                    Application, saving or transitional
                           provisions


Statutory Rules 1996 No. 346

4         Transitional

      4.1 For the purposes of subsection 220AF (2) of the Act, the
          specified percentage is 0% if the reportable payment is a
          payment to which regulation 147FD of the Income Tax
          Regulations, as amended by these Regulations, applies and is
          made in the period from 1 March 1997 to 30 June 1997
          inclusive.



Statutory Rules 1997 No. 148

2         Application

      2.1 The amendments made by these Regulations apply in relation
          to a year of income ending after 30 June 1996.



Statutory Rules 1997 No. 191

2         Application

      2.1 The Income Tax Regulations as amended by these Regulations
          apply to an assessment to which section 104 of the Taxation
          Laws Amendment (No. 2) Act 1994 applies.




196                       Income Tax Regulations 1936
                                      Notes to the Income Tax Regulations 1936


                                                                     Table A



Statutory Rules 1997 No. 368

Division 4.2          Transitional

10        Phased application of Division 4.1

     10.1 The amendments made by Division 4.1 apply to matters
          dealt with by the Act from the time when amendments made by
          Schedule 1 of the Taxation Laws Amendment (Foreign Income
          Measures) Act 1997 apply to those matters.



Statutory Rules 1998 No. 313

4         Application

           The amendments made by Schedule 1 apply to:
          (a) an annuity that arises under a contract under which the
               payment of the purchase price was completed on or after
               20 September 1998; or
          (b) a pension to which the primary beneficiary became
               entitled, on or after 20 September 1998, under rules that
               provide that the commencement day is the day when the
               primary beneficiary became entitled to the benefit.



Statutory Rules 1999 No. 114

4         Application

          The amendments made by these regulations apply to group
          certificates issued for a period beginning on or after
          1 July 1999.




                        Income Tax Regulations 1936                       197
Notes to the Income Tax Regulations 1936


Table A



Statutory Rules 2000 No. 72

4         Transitional

      (1) The amendments of the Income Tax Regulations 1936 made by
          items [12] to [22], [24] to [27], [29] and [30] of Schedule 1 do
          not apply in relation to a payment made before 1 July 2000.
      (2) Despite the amendments of the Income Tax Regulations 1936
          made by item [12] of Schedule 1, a declaration mentioned in
          regulation 85, 86, 86A, 88 or 88A of those Regulations (as in
          force immediately before 1 July 2000) that had effect at that
          time continues to have effect as if it were a declaration given
          under subsection 15-50 (1) of Schedule 1 to the Taxation
          Administration Act 1953 on 1 July 2000.



Statutory Rules 2000 No. 90

4         Application

          The amendments made by these Regulations apply in relation
          to a year of income ending after 30 June 2000.



Statutory Rules 2003 No. 262
4         Application

          The amendments made by these Regulations apply in relation
          to a year of income ending after 30 June 2003.




198                       Income Tax Regulations 1936
                                  Notes to the Income Tax Regulations 1936


                                                                 Table A




Statutory Rules 2004 No. 115

4      Transitional

        The amendments made by Schedules 1 and 2 apply in relation
        to:
       (a) accounting periods; and
       (b) statutory accounting periods; and
       (c) years of income;
        commencing on or after 1 July 2004.


Select Legislative Instrument 2005 No. 161

4      Transitional
       The amendments made by Schedule 1 apply in relation to
       assessments of income for the income year 2005-2006 and later
       income years.


Select Legislative Instrument 2005 No. 195

4      Transitional

       The amendment made by Schedule 1 applies in relation to
       assessments of income for the income year 2005–2006 and
       later income years.




                    Income Tax Regulations 1936                       199
Notes to the Income Tax Regulations 1936


Renumbering Table




Renumbering Table

Table showing new Parts and Regulation numbers of the Income Tax
Regulations 1936 after renumbering by the Income Tax Regulations
(Amendment) (1990 No. 192).
Note This Table does not form part of the Income Tax Regulations 1936
and is printed for convenience of reference only.

 Old                 New
 number              number
 Part I              Part 1
 Regulation          Regulation
 1                   1
 3                   2
 Part II             Part 2
 Regulation          Regulation
 4                   3
 Part III            Part 3
 Regulation          Regulation
 4AA                 4
 4AAA                5
 4AC                 6
 4ACA                7
 4ADA                8
 4AE                 9
 5                   10
 6                   11
 7                   12
 7A                  13
 8                   14
 Part IV             Part 4
 Regulation          Regulation
 9                   15
 10                  16
 11                  17
 11A                 18
 12                  19
 13                  20
 14                  21


200                       Income Tax Regulations 1936
                               Notes to the Income Tax Regulations 1936


                                                 Renumbering Table



Old          New
number       number
Regulation   Regulation
15           22
16           23
17           24
18           25
19           26
20           27
21           28
22A          29
22B          30
22C          31
23           32
24           33
25           34
26           35
27           36
28           37
29           38
30           39
31           40
32           41
33A          42
Part V       Part 5
Regulation   Regulation
34A          43
34           44
35           45
36           46
37           47
Regulation   Regulation
38           48
39           49
40           50
41           51
42           52
43           53
Part VA      Part 6
Regulation   Regulation


                 Income Tax Regulations 1936                       201
Notes to the Income Tax Regulations 1936


Renumbering Table



Old                  New
number               number
43A                  54
43B                  55
43C                  56
43D                  57
Part VI              Part 7
Division 1           Division 1
Regulation           Regulation
44                   58
45                   59
46                   60
47                   61
48                   62
49                   63
50                   64
51                   65
52                   66
53                   67
54                   68
Division 2           Division 2
Subdivision AAAA     Subdivision 1
Regulation           Regulation
54AA                 69
Subdivision A        Subdivision 2
Regulation           Regulation
54A                  70
54AB                 71
54B                  72
54BA                 73
54C                  74
Regulation           Regulation
54CA                 75
54CB                 76
54D                  77
54DA                 78
54DAA                79
54DAAA               80
54DAAB               81
54DAAC               82


202                       Income Tax Regulations 1936
                                     Notes to the Income Tax Regulations 1936


                                                       Renumbering Table



Old               New
number            number
54DAAD            83
54DAB             84
54DAC             85
54DACA            86
54DACB            87
54DACC            88
54DAD             89
54DAG             90
54DAH             91
54DAJ             92
54DAK             93
54DAL             94
54DAM             95
54DAN             96
Subdivision AAA   Subdivision 3
Regulation        Regulation
54DAO             97
54DAP             98
54DAQ             99
54DAR             100
Subdivision AA    Subdivision 4
Regulation        Regulation
54DB              101
54DBA             102
54DC              103
54DD              104
54DE              105
54DF              106
54DG              107
Regulation        Regulation
54DH              108
54DJ              109
54DK              110
54DKA             111
54DKB             112
54DL              113
Subdivision B     Subdivision 5
Regulation        Regulation


                       Income Tax Regulations 1936                       203
Notes to the Income Tax Regulations 1936


Renumbering Table



Old                  New
number               number
54E                  114
54F                  115
54G                  116
54H                  117
54J                  118
54K                  119
54N                  120
Subdivision C        Subdivision 6
Regulation           Regulation
54X                  121
54Y                  122
54Z                  123
Division 3           Division 3
Regulation           Regulation
54ZA                 124
Division 3A          Division 4
Regulation           Regulation
54ZEA                125
54ZEB                126
54ZEC                127
54ZED                128
54ZEF                129
54ZEG                130
54ZEH                131
54ZEJ                132
Division 3B          Division 5
Regulation           Regulation
54ZEK                133
54ZEL                134
Division 4           Division 6
Regulation           Regulation
54ZF                 135
54ZG                 136
54ZGA                137
54ZH                 138
54ZI                 139
54ZJ                 140
54ZK                 141


204                       Income Tax Regulations 1936
                               Notes to the Income Tax Regulations 1936


                                                 Renumbering Table



Old          New
number       number
Division 5   Division 7
Regulation   Regulation
54ZL         142
54ZM         143
54ZN         144
54ZP         145
Division 6   Division 8
Regulation   Regulation
55           146
56           147
Part VII     Part 8
Regulation   Regulation
57           148
58           149
58AA         150
58AB         151
58AC         152
Part VIIA    Part 9
Regulation   Regulation
58A          153
58B          154
58C          155
58CA         156
58F          157
58G          158
58H          159
58J          160
58K          161
58L          162
Regulation   Regulation
58LA         163
58M          164
58N          165
58P          166
58Q          167
58R          168
58S          169
Part VIII    Part 10


                 Income Tax Regulations 1936                       205
Notes to the Income Tax Regulations 1936


Renumbering Table



Old                  New
number               number
Regulation           Regulation
59                   170
60                   171
62                   172
63                   173
Regulation           Regulation
64                   174
64A                  175
65                   176
Schedule 1           Schedule 1
Form 1               Form 1
Form 2               Form 2
Form 8               Form 3
Form 9               Form 4
Schedule 2           Schedule 2
Schedule 3           Schedule 3
Schedule 4           Schedule 4
Schedule 7           Schedule 5
Schedule 8           Schedule 6




206                       Income Tax Regulations 1936

				
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