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This is a Bill, not an Act. For current law, see the Acts databases.


REVENUE LAWS AMENDMENT (TAXATION) BILL (NO. 2) 2001

                       Western Australia


 Revenue Laws Amendment (Taxation) Bill
              (No. 2) 2001

                          CONTENTS


       Part 1 -- Preliminary
1.     Short title                                       2
2.     Commencement                                      2
       Part 2 -- Land Tax Act 1976
3.     The Act amended                                   3
4.     Section 12 amended                                3
5.     Section 13 inserted                               3
6.     Schedule 9 inserted                               4
       Part 3 -- Pay-roll Tax Act 1971
7.     The Act amended                                   5
8.     Section 5 amended                                 5
9.     Section 6 amended                                 9
10 .   Section 7 amended                                14
11 .   Existing rates and liabilities not affected      21
12 .   The Revenue Laws Amendment (Taxation) Act 2001
       amended                                          21
       Part 4 -- Stamp Act 1921
13 .   The Act amended                                  22
14 .   Section 31D inserted                             22
15 .   Section 63AF inserted                            22




                                                        page i
                               62--1
                           Western Australia


                     LEGISLATIVE ASSEMBLY



     Revenue Laws Amendment (Taxation) Bill
                  (No. 2) 2001


                               A Bill for


An Act to amend the --
•   Land Tax Act 1976;
•   Pay-roll Tax Act 1971; and
•   Stamp Act 1921.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 1        Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Revenue Laws Amendment
                (Taxation) Act (No. 2) 2001.

5    2.         Commencement
          (1)   Subject to this section, this Act comes into operation on the day
                on which it receives the Royal Assent.
          (2)   Part 3, other than section 12, comes into operation on
                1 January 2002.
10        (3)   Section 12 is deemed to have come into operation on
                1 July 2001.
          (4)   Section 14 comes into operation, or is taken to have come into
                operation, at the same time as Part 5 of the Revenue Laws
                Amendment (Assessment) Act (No. 2) 2001.
15        (5)   Section 15 comes into operation, or is taken to have come into
                operation, at the same time as Part 6 of the Revenue Laws
                Amendment (Assessment) Act (No. 2) 2001.




     page 2
                           Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                            Land Tax Act 1976           Part 2

                                                                             s. 3



                        Part 2 -- Land Tax Act 1976
     3.         The Act amended
                The amendments in this Part are to the Land Tax Act 1976*.
                [* Act No. 13 of 1976.
5                  For subsequent amendments see 2000 Index to Legislation of
                   Western Australia, Table 1, p. 237.]

     4.         Section 12 amended
                Section 12 is amended by inserting after "thereafter" --
                "
10                   to and including the year of assessment commencing
                     on 1 July 2001
                                                                              ".

     5.         Section 13 inserted
                After section 12 the following section is inserted --
15   "
          13.        Land tax rate from 2002
                     For the year of assessment commencing on
                     1 July 2002, and for each subsequent year of
                     assessment, land tax is imposed, and shall be payable
20                   pursuant to the Land Tax Assessment Act 1976, at the
                     rate shown in Schedule 9.
                                                                              ".




                                                                          page 3
    Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
    Part 2        Land Tax Act 1976

    s. 6



    6.       Schedule 9 inserted
             After Schedule 8 the following Schedule is inserted --
    "
                                      Schedule 9
5                                                                                 [s. 13]
    Unimproved value of
    the land under the                                 Rate
    Land Tax Assessment
    Act 1976
     Exceeding     Not
                exceeding
         $          $
             0     50 000   Nil
        50 000    100 000   $75.00 + 0.15 cent for each $1 in excess of $50 000
       100 000    190 000   $150.00 + 0.25 cent for each $1 in excess of $100 000
       190 000    325 000   $375.00 + 0.45 cent for each $1 in excess of $190 000
       325 000    550 000   $982.50 + 0.80 cent for each $1 in excess of $325 000
       550 000    850 000   $2 782.50 + 1.20 cents for each $1 in excess of $550 000
       850 000 1 250 000    $6 382.50 + 1.60 cents for each $1 in excess of $850 000
     1 250 000 2 000 000    $12 782.50 + 2.00 cents for each $1 in excess of $1 250 000
     2 000 000 5 000 000    $27 782.50 + 2.30 cents for each $1 in excess of $2 000 000
     5 000 000              $96 782.50 + 2.50 cents for each $1 in excess of $5 000 000
                                                                                          ".




    page 4
                                 Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                                Pay-roll Tax Act 1971         Part 3

                                                                                      s. 7



                           Part 3 -- Pay-roll Tax Act 1971
     7.             The Act amended
                    The amendments in this Part, other than those in section 12, are
                    to the Pay-roll Tax Act 1971*.
5                   [* Reprinted as at 10 November 2000.
                       For subsequent amendments see Act No. 4 of 2001.]

     8.             Section 5 amended
          (1)       Section 5(1) is amended by inserting after "rate" in the first
                    place where it occurs --
10                  " or rates     ".
          (2)       Section 5(2), (3) and (4) are repealed and the following
                    subsections are inserted instead --
                "
                    (2)   If the amount of taxable wages paid or payable by an
15                        employer for a month, or a part of a month (the
                          "part-month"), after the month of December 2001
                          is --
                             (a) not more than $225 000 × M, the rate of
                                  pay-roll tax payable for the month or
20                                part-month is 3.65%;
                            (b) more than $225 000 × M but less than
                                  $375 000 × M, the rate of pay-roll tax payable
                                  for the month or part-month is R%, where --
                                        8 212.50 M + 0.06025 (W − 225 000 M )
                                   R=                                         × 100
                                                         W
25                                        (calculated to 4 decimal points)
                                   W = amount of taxable wages paid or payable
                                       for the month or part-month;



                                                                                 page 5
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 8



                      (c)   not less than $375 000 × M but less than
                            $468 750 × M, the rate of pay-roll tax payable
                            for the month or part-month is R%, where --
                                 17 250.00 M + 0.1160 (W − 375 000 M )
                            R=                                         ×100
                                                  W
5                                  (calculated to 4 decimal points)
                            W = amount of taxable wages paid or payable
                                  for the month or part-month;
                     (d)    $468 750 × M or more, the rate of pay-roll tax
                            payable for the month or part-month is 6.00%.
10            (3)   If the amount of taxable wages paid or payable by an
                    employer for the financial year commencing on
                    1 July 2001, or a part of that financial year (the
                    "part-year"), is --
                      (a) not more than $2 700 000 × Y, the rate of
15                          pay-roll tax for the year or part-year is 3.65%;
                      (b) more than $2 700 000 × Y but less than
                            $4 500 000 × Y, the rate of pay-roll tax for the
                            year or part-year is R%, where --
                                 98 550 Y + 0.06025 (W − 2 700 000 Y )
                            R=                                         × 100
                                                  W
20                                 (calculated to 4 decimal points)
                            W = amount of taxable wages paid or payable
                                for the year or part-year;




     page 6
                  Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                 Pay-roll Tax Act 1971         Part 3

                                                                      s. 8



            (c)     not less than $4 500 000 × Y but less than
                    $5 625 000 × Y, the rate of pay-roll tax for --
                      (i) the half-year commencing on
                            1 July 2001 and ending on
5                           31 December 2001, or a part of the
                            half-year, is R%, where --
                                207 000 Y + 0.0940 (W − 4 500 000 Y )
                           R=                                         × 100
                                                 W
                                 (calculated to 4 decimal points)
                          W = amount of taxable wages paid or
10                              payable for the year or part-year;
                     (ii) the half-year commencing on
                          1 January 2002 and ending on
                          30 June 2002, or a part of the half-year,
                          is R%, where --
                                207 000 Y + 0.1160 (W − 4 500 000 Y )
15                         R=                                         × 100
                                                 W
                                 (calculated to 4 decimal points)
                           W = amount of taxable wages paid or
                                 payable for the year or part-year;
            (d)     $5 625 000 × Y or more, the rate of pay-roll tax
20                  for --
                       (i) the half-year commencing on
                           1 July 2001 and ending on
                           31 December 2001, or a part of the
                           half-year, is 5.56%;
25                    (ii) the half-year commencing on
                           1 January 2002 and ending on
                           30 June 2002, or a part of the half-year,
                           is 6.00%.
     (4)   If the amount of taxable wages paid or payable by an
30         employer for a financial year commencing on


                                                                    page 7
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 8



                    1 July 2002 or 1 July of a subsequent year, or a part of
                    such a financial year (the "part-year"), is --
                      (a) not more than $2 700 000 × Y, the rate of
                            pay-roll tax for the year or part-year is 3.65%;
5                     (b) more than $2 700 000 × Y but less than
                            $4 500 000 × Y, the rate of pay-roll tax for the
                            year or part-year is R%, where --
                                  98 550 Y + 0.06025 (W − 2 700 000 Y )
                             R=                                         × 100
                                                   W
                                    (calculated to 4 decimal points)
10                          W = amount of taxable wages paid or payable
                                   for the year or part-year;
                      (c)   not less than $4 500 000 × Y but less than
                            $5 625 000 × Y, the rate of pay-roll tax for the
                            year or part-year is R%, where --
                                  207 000 Y + 0.1160 (W − 4 500 000 Y )
15                           R=                                         × 100
                                                   W
                                    (calculated to 4 decimal points)
                            W = amount of taxable wages paid or payable
                                   for the year or part-year;
                     (d)    $5 625 000 × Y or more, the rate of pay-roll tax
20                          for the year or part-year is 6.00%.
              (5)   In this section --
                    M=      the number of days in the month, or part-month,
                            for which taxable wages were paid or payable
                            divided by the number of days in the month;
25                  Y=      the number of days in the financial year, or
                            part-year, for which taxable wages were paid or
                            payable divided by the number of days in the
                            financial year.
                                                                                ".



     page 8
                                  Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                                 Pay-roll Tax Act 1971         Part 3

                                                                                         s. 9



     9.             Section 6 amended
          (1)       Section 6(1) is amended by inserting after "rate" in the first
                    place where it occurs --
                    " or rates      ".
5         (2)       Section 6(2) and (3) are amended by deleting "5.56%" and
                    inserting instead --
                    "     6.00%    ".
          (3)       Section 6(5) is amended by deleting "subsection (6)" and
                    inserting instead --
10                  "     subsection (6) or (8)   ".
          (4)       Section 6(6), (7) and (8) are repealed and the following
                    subsections are inserted instead --
                "
                    (6)     If the estimated total interstate wages and taxable
15                          wages paid or payable by an employer for the financial
                            year commencing on 1 July 2001, or a part of that
                            financial year (the "part-year"), is --
                              (a) not more than $2 700 000 × Y, the rate of
                                     pay-roll tax payable each month for the year or
20                                   part-year is to be determined as 3.65%;
                              (b) more than $2 700 000 × Y but less than
                                     $4 500 000 × Y, the rate of pay-roll tax payable
                                     each month for the year or part-year is to be
                                     determined as R%, where --
                                         98 550 Y + 0.06025 (E − 2 700 000 Y )
25                                  R=                                         × 100
                                                          E
                                           (calculated to 2 decimal points)
                                    E=     amount of total interstate wages and taxable
                                           wages estimated to be paid or payable for
                                           the year or part-year;


                                                                                       page 9
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 9



                       (c)   not less than $4 500 000 × Y but less than
                             $5 625 000 × Y, the rate of pay-roll tax payable
                             each month for --
                               (i) the half-year commencing on
5                                    1 July 2001 and ending on
                                     31 December 2001, or a part of the
                                     half-year, is to be determined as R%,
                                     where --
                                         207 000 Y + 0.0940 (E − 4 500 000 Y )
                                    R=                                         × 100
                                                          E
10                                        (calculated to 2 decimal points)
                                   E = amount of total interstate wages and
                                          taxable wages estimated to be paid or
                                          payable for the year or part-year;
                              (ii) the half-year commencing on
15                                 1 January 2002 and ending on
                                   30 June 2002, or a part of the half-year,
                                   is to be determined as R%, where --
                                         207 000 Y + 0.1160 (E − 4 500 000 Y )
                                    R=                                         × 100
                                                          E
                                          (calculated to 2 decimal points)
20                                 E = amount of total interstate wages and
                                         taxable wages estimated to be paid or
                                         payable for the year or part-year;
                      (d)    $5 625 000 × Y or more, no determination is to
                             be made under this subsection.
25             (7)   Subject to subsection (11), if the amount of total
                     interstate wages and taxable wages paid or payable by
                     an employer for the financial year commencing on
                     1 July 2001, or a part of that financial year (the
                     "part-year"), is --
30                     (a) not more than $2 700 000 × Y, the rate of
                             pay-roll tax for the year or part-year is 3.65%;


     page 10
           Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                          Pay-roll Tax Act 1971         Part 3

                                                                s. 9



     (b)     more than $2 700 000 × Y but less than
             $4 500 000 × Y, the rate of pay-roll tax for the
             year or part-year is R%, where --
                  98 550 Y + 0.06025 (W − 2 700 000 Y )
             R=                                         × 100
                                   W
5                   (calculated to 4 decimal points)
             W = amount of total interstate wages and taxable
                    wages paid or payable for the year or
                    part-year;
     (c)     not less than $4 500 000 × Y but less than
10           $5 625 000 × Y, the rate of pay-roll tax for --
               (i) the half-year commencing on
                     1 July 2001 and ending on
                     31 December 2001, or a part of the
                     half-year, is R%, where --
                         207 000 Y + 0.0940 (W − 4 500 000 Y )
15                  R=                                         × 100
                                          W
                          (calculated to 4 decimal points)
                   W = amount of total interstate wages and
                         taxable wages paid or payable for the
                         year or part-year;
20            (ii) the half-year commencing on
                   1 January 2002 and ending on
                   30 June 2002, or a part of the half-year,
                   is R%, where --
                         207 000 Y + 0.1160 (W − 4 500 000 Y )
                    R=                                         × 100
                                          W
25                        (calculated to 4 decimal points)
                    W = amount of total interstate wages and
                        taxable wages paid or payable for the
                        year or part-year;



                                                           page 11
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 9



                      (d)   $5 625 000 × Y or more, the rate of pay-roll tax
                            for --
                               (i) the half-year commencing on
                                   1 July 2001 and ending on
5                                  31 December 2001, or a part of the
                                   half-year, is 5.56%;
                              (ii) the half-year commencing on
                                   1 January 2002 and ending on
                                   30 June 2002, or a part of the half-year,
10                                 is 6.00%.
               (8)   If the estimated total interstate wages and taxable
                     wages paid or payable by an employer for a financial
                     year commencing on 1 July 2002 or 1 July of a
                     subsequent year, or a part of such a financial year (the
15                   "part-year"), is --
                       (a) not more than $2 700 000 × Y, the rate of
                              pay-roll tax payable each month for the year or
                              part-year is to be determined as 3.65%;
                       (b) more than $2 700 000 × Y but less than
20                            $4 500 000 × Y, the rate of pay-roll tax payable
                              each month for the year or part-year is to be
                              determined as R%, where --
                                  98 550 Y + 0.06025 (E − 2 700 000 Y )
                             R=                                         × 100
                                                   E
                                    (calculated to 2 decimal points)
25                          E=      amount of total interstate wages and taxable
                                    wages estimated to be paid or payable for
                                    the year or part-year;




     page 12
                   Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                  Pay-roll Tax Act 1971         Part 3

                                                                        s. 9



             (c)     not less than $4 500 000 × Y but less than
                     $5 625 000 × Y, the rate of pay-roll tax payable
                     each month for the year or part-year is to be
                     determined as R%, where --
                          207 000 Y + 0.1160 (E − 4 500 000 Y )
5                    R=                                         × 100
                                           E
                            (calculated to 2 decimal points)
                     E=    amount of total interstate wages and taxable
                           wages estimated to be paid or payable for
                           the year or part-year;
10          (d)      $5 625 000 × Y or more, no determination is to
                     be made under this subsection.
     (9)   Subject to subsection (11), if the amount of total
           interstate wages and taxable wages paid or payable by
           an employer for a financial year commencing on
15         1 July 2002 or 1 July of a subsequent year, or a part of
           such a financial year (the "part-year"), is --
             (a) not more than $2 700 000 × Y, the rate of
                   pay-roll tax for the year or part-year is 3.65%;
             (b) more than $2 700 000 × Y but less than
20                 $4 500 000 × Y, the rate of pay-roll tax for the
                   year or part-year is R%, where --
                          98 550 Y + 0.06025 (W − 2 700 000 Y )
                     R=                                         × 100
                                           W
                            (calculated to 4 decimal points)
                     W = amount of total interstate wages and taxable
25                       wages paid or payable for the year or
                         part-year;




                                                                   page 13
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 10



                          (c)   not less than $4 500 000 × Y but less than
                                $5 625 000 × Y, the rate of pay-roll tax for the
                                year or part-year is R%, where --
                                      207 000 Y + 0.1160 (W − 4 500 000 Y )
                                 R=                                         × 100
                                                       W
5                                       (calculated to 4 decimal points)
                                W = amount of total interstate wages and taxable
                                       wages paid or payable for the year or
                                       part-year;
                          (d)   $5 625 000 × Y or more, the rate of pay-roll tax
10                              for the year or part-year is 6.00%.
                 (10)   In subsections (6) to (9) --
                        Y=      the number of days in the financial year, or
                                part-year, for which interstate wages or taxable
                                wages were paid or payable or estimated to be paid
15                              or payable divided by the number of days in the
                                financial year.
                                                                                 ".
           (5)    Section 6(11) is amended as follows:
                   (a) by deleting "subsection (7)" and inserting instead --
20                       " subsections (7) and (9) ";
                   (b) by deleting "5.56%" and inserting instead --
                         " 6.00% ".

     10.          Section 7 amended
           (1)    Section 7(1) is amended by inserting after "rate" in the first
25                place where it occurs --
                  " or rates    ".




     page 14
                             Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                            Pay-roll Tax Act 1971         Part 3

                                                                                  s. 10



     (2)       Section 7(2) and (3) are amended by deleting "5.56%" and
               inserting instead --
               "     6.00%    ".
     (3)       Section 7(5)(b) is amended by deleting "5.56%" and inserting
5              instead --
               "     6.00%    ".
     (4)       Section 7(6) is amended by deleting "subsection (7)" and
               inserting instead --
               "     subsection (7) or (9)   ".
10   (5)       Section 7(7), (8) and (9) are repealed and the following
               subsections are inserted instead --
           "
               (7)     If the estimated total interstate wages and taxable
                       wages paid or payable by all members of a group
15                     throughout Australia for the financial year
                       commencing on 1 July 2001, or a part of that financial
                       year (the "part-year"), is --
                         (a) not more than $2 700 000 × Y, the rate of
                                pay-roll tax payable each month by each
20                              member of the group for the year or part-year is
                                to be determined as 3.65%;
                         (b) more than $2 700 000 × Y but less than
                                $4 500 000 × Y, the rate of pay-roll tax payable
                                each month by each member of the group for
25                              the year or part-year is to be determined as R%,
                                where --
                                    98 550 Y + 0.06025 (E − 2 700 000 Y )
                               R=                                         × 100
                                                     E
                                      (calculated to 2 decimal points)
                               E=     amount of total interstate wages and taxable
30                                    wages estimated to be paid or payable for

                                                                              page 15
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 10



                                  the year or part-year by all members of the
                                  group throughout Australia;
                     (c)   not less than $4 500 000 × Y but less than
                           $5 625 000 × Y, the rate of pay-roll tax payable
5                          each month by each member of the group
                           for --
                             (i) the half-year commencing on
                                   1 July 2001 and ending on
                                   31 December 2001, or a part of the
10                                 half-year, is to be determined as R%,
                                   where --
                                       207 000 Y + 0.0940 (E − 4 500 000 Y )
                                  R=                                         × 100
                                                        E
                                        (calculated to 2 decimal points)
                                 E = amount of total interstate wages and
15                                      taxable wages estimated to be paid or
                                        payable for the year or part-year by
                                        all members of the group throughout
                                        Australia;
                            (ii) the half-year commencing on
20                               1 January 2002 and ending on
                                 30 June 2002, or a part of the half-year,
                                 is to be determined as R%, where --
                                       207 000 Y + 0.1160 (E − 4 500 000 Y )
                                  R=                                         × 100
                                                        E
                                        (calculated to 2 decimal points)
25                               E = amount of total interstate wages and
                                       taxable wages estimated to be paid or
                                       payable for the year or part-year by
                                       all members of the group throughout
                                       Australia;
30                  (d)    $5 625 000 × Y or more, no determination is to
                           be made under this subsection.


     page 16
                   Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                  Pay-roll Tax Act 1971         Part 3

                                                                        s. 10



     (8)   Subject to subsection (12), if the amount of total
           interstate wages and taxable wages paid or payable by
           all members of a group throughout Australia for the
           financial year commencing on 1 July 2001, or a part of
5          that financial year (the "part-year"), is --
             (a) not more than $2 700 000 × Y, the rate of
                    pay-roll tax for the year or part-year is 3.65%;
             (b) more than $2 700 000 × Y but less than
                    $4 500 000 × Y, the rate of pay-roll tax for the
10                  year or part-year is R%, where --
                          98 550 Y + 0.06025 (W − 2 700 000 Y )
                     R=                                         × 100
                                           W
                            (calculated to 4 decimal points)
                     W = amount of total interstate wages and taxable
                            wages paid or payable for the year or
15                          part-year by all members of the group
                            throughout Australia;
             (c)     not less than $4 500 000 × Y but less than
                     $5 625 000 × Y, the rate of pay-roll tax for --
                       (i) the half-year commencing on
20                           1 July 2001 and ending on
                             31 December 2001, or a part of the
                             half-year, is R%, where --
                                 207 000 Y + 0.0940 (W − 4 500 000 Y )
                            R=                                         × 100
                                                  W
                                  (calculated to 4 decimal points)
25                          W = amount of total interstate wages and
                                taxable wages paid or payable for the
                                year or part-year by all members of
                                the group throughout Australia;




                                                                   page 17
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 10



                              (ii)   the half-year commencing on
                                     1 January 2002 and ending on
                                     30 June 2002, or a part of the half-year,
                                     is R%, where --
                                          207 000 Y + 0.1160 (W − 4 500 000 Y )
5                                    R=                                         × 100
                                                           W
                                           (calculated to 4 decimal points)
                                   W = amount of total interstate wages and
                                         taxable wages paid or payable for the
                                         year or part-year by all members of
10                                       the group throughout Australia;
                      (d)   $5 625 000 × Y or more, the rate of pay-roll tax
                            for --
                               (i) the half-year commencing on
                                   1 July 2001 and ending on
15                                 31 December 2001, or a part of the
                                   half-year, is 5.56%;
                              (ii) the half-year commencing on
                                   1 January 2002 and ending on
                                   30 June 2002, or a part of the half-year,
20                                 is 6.00%.
               (9)   If the estimated total interstate wages and taxable
                     wages paid or payable by all members of a group
                     throughout Australia for a financial year commencing
                     on 1 July 2002 or 1 July of a subsequent year, or a part
25                   of such a financial year (the "part-year"), is --
                       (a) not more than $2 700 000 × Y, the rate of
                              pay-roll tax payable each month by each
                              member of the group for the year or part-year is
                              to be determined as 3.65%;
30                     (b) more than $2 700 000 × Y but less than
                              $4 500 000 × Y, the rate of pay-roll tax payable
                              each month by each member of the group for


     page 18
                    Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                   Pay-roll Tax Act 1971         Part 3

                                                                         s. 10



                      the year or part-year is to be determined as R%,
                      where --
                           98 550 Y + 0.06025 (E − 2 700 000 Y )
                      R=                                         × 100
                                            E
                             (calculated to 2 decimal points)
5                     E=     amount of total interstate wages and taxable
                             wages estimated to be paid or payable for
                             the year or part-year by all members of the
                             group throughout Australia;
              (c)     not less than $4 500 000 × Y but less than
10                    $5 625 000 × Y, the rate of pay-roll tax payable
                      each month by each member of the group for
                      the year or part-year is to be determined as R%,
                      where --
                           207 000 Y + 0.1160 (E − 4 500 000 Y )
                      R=                                         × 100
                                            E
15                           (calculated to 2 decimal points)
                      E=    amount of total interstate wages and taxable
                            wages estimated to be paid or payable for
                            the year or part-year by all members of the
                            group throughout Australia;
20           (d)      $5 625 000 × Y or more, no determination is to
                      be made under this subsection.
     (10)   Subject to subsection (12), if the amount of total
            interstate wages and taxable wages paid or payable by
            all members of a group throughout Australia for a
25          financial year commencing on 1 July 2002 or 1 July of
            a subsequent year, or a part of such a financial year
            (the "part-year"), is --
              (a) not more than $2 700 000 × Y, the rate of
                    pay-roll tax for the year or part-year is 3.65%;




                                                                     page 19
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 3        Pay-roll Tax Act 1971

     s. 10



                       (b)   more than $2 700 000 × Y but less than
                             $4 500 000 × Y, the rate of pay-roll tax for the
                             year or part-year is R%, where --
                                   98 550 Y + 0.06025 (W − 2 700 000 Y )
                              R=                                         × 100
                                                    W
5                                    (calculated to 4 decimal points)
                             W = amount of total interstate wages and taxable
                                    wages paid or payable for the year or
                                    part-year by all members of the group
                                    throughout Australia;
10                     (c)   not less than $4 500 000 × Y but less than
                             $5 625 000 × Y, the rate of pay-roll tax for the
                             year or part-year is R%, where --
                                   207 000 Y + 0.1160 (W − 4 500 000 Y )
                              R=                                         × 100
                                                    W
                                     (calculated to 4 decimal points)
15                           W = amount of total interstate wages and taxable
                                    wages paid or payable for the year or
                                    part-year by all members of the group
                                    throughout Australia;
                       (d)   $5 625 000 × Y or more, the rate of pay-roll tax
20                           for the year or part-year is 6.00%.
               (11)   In subsections (7) to (10) --
                      Y=     the number of days in the financial year, or
                             part-year, for which interstate wages or taxable
                             wages were paid or payable by a member of the
25                           group or estimated to be so paid or payable divided
                             by the number of days in the financial year.
                                                                               ".
        (6)     Section 7(12) is amended as follows:
                 (a) by deleting "subsection (8)" and inserting instead --
30                     " subsections (8) and (10) ";

     page 20
                            Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                           Pay-roll Tax Act 1971         Part 3

                                                                               s. 11



                  (b)    by deleting "5.56%" and inserting instead --
                         " 6.00% ".

     11.         Existing rates and liabilities not affected
           (1)   Without limiting the operation of the Interpretation Act 1984,
5                the provisions of the Pay-roll Tax Act 1971 as in force
                 immediately before commencement, to the extent that they
                 apply to a period before commencement, continue to have effect
                 in relation to --
                   (a) the imposition of pay-roll tax under that Act as so in
10                        force in respect of wages paid or payable for that period;
                          and
                   (b) the assessment, collection and payment of any pay-roll
                          tax imposed in respect of such wages,
                 but only to the extent that their application has not been
15               displaced in respect of that period by a provision of that Act as
                 in force after commencement.
           (2)   In this section --
                 "commencement" means the commencement of this section.

     12.         The Revenue Laws Amendment (Taxation) Act 2001 amended
20               Section 7 of the Revenue Laws Amendment (Taxation)
                 Act 2001* is amended as follows:
                  (a) by deleting "the principal Act", in the first place where
                        it occurs, and inserting instead --
                        " the Pay-roll Tax Act 1971 ";
25                (b) by deleting "the principal Act", in the second place
                        where it occurs, and inserting instead --
                        " that Act as so in force ".
                 [* Act No. 4 of 2001.]



                                                                            page 21
     Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
     Part 4        Stamp Act 1921

     s. 13



                          Part 4 -- Stamp Act 1921
     13.       The Act amended
               The amendments in this Part are to the Stamp Act 1921*.
               [* Reprinted as at 3 August 2001.]

5    14.       Section 31D inserted
               Before section 32 the following section is inserted --
     "
             31D.    Duty chargeable on the statement
               (1)   This section applies to assets transferred under Part 3
10                   of the Financial Sector (Transfers of Business)
                     Act 1999 of the Commonwealth that is property of a
                     kind that, if there was an instrument effecting or
                     evidencing its transfer, duty would be chargeable on
                     the instrument.
15             (2)   The statement in section 31C(1) is taken to be an
                     instrument of transfer for the assets and is chargeable
                     with duty accordingly.
               (3)   Duty is payable by the receiving body.
               (4)   Subsection (2) has effect subject to section 31A.
20                                                                              ".

     15.       Section 63AF inserted
               Before section 63A the following section is inserted --
     "
             63AF.   Duty chargeable on the statement
25             (1)   A statement prepared under section 63AE shall, subject
                     to section 31A, be deemed to be a transfer of a unit or
                     an instrument effecting or evidencing the disposition in
                     relation to a unit in a unit trust scheme to which it

     page 22
               Revenue Laws Amendment (Taxation) Bill (No. 2) 2001
                                 Stamp Act 1921             Part 4

                                                                    s. 15



          relates, as the case requires, and is chargeable with
          duty accordingly.
    (2)   Duty chargeable under subsection (1) shall be reduced
          by the amount of any duty specified in the Second
5         Schedule item 4A(1) that has been paid in respect of a
          conveyance or transfer disclosed in the statement.
    (3)   Duty is payable by the unit trustee.
                                                                       ".




 


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