House of Representatives

Tax Laws Amendment (Transfer of Provisions) Bill 2010

Explanatory Memorandum

Circulated By the Authority of the Treasurer, the Hon Wayne Swan MP

General outline and financial impact

This Bill rewrites provisions from the Income Tax Assessment Act 1936 into the Income Tax Assessment Act 1997 and the Taxation Administration Act 1953. This is a significant step towards achieving a single income tax assessment Act for Australia.

The rewritten provisions are:

Part VI (collection and recovery provisions);
Schedule 2C (commercial debt forgiveness);
Schedule 2E (luxury car leases);
Schedule 2G (farm management deposits); and
Schedule 2J (general insurance).

The rewritten provisions generally make no policy changes. However, they include the drafting changes needed to conform to the legislative approach used in the Income Tax Assessment Act 1997, to simplify expression, and to remove any ambiguity.

Date of effect: The rewrites generally apply to the 2010-11 and later income years.

Proposal announced: This measure was announced in the then Assistant Treasurer's speech to the Taxation Institute of Australia Annual Conference on 13 March 2009.

Financial impact: Nil to minimal.

Compliance cost impact: Low.


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