Tax Laws Amendment (2013 Measures No. 1) Regulation 2013

(279 of 2013)

16 December 2013

A New Tax System (Goods and Services Tax) Act 1999; Income Tax Assessment Act 1936; Income Tax Assessment Act 1997; Taxation Administration Act 1953

1   Name of regulation

This regulation is the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013.

2   Commencement

This regulation commences on the day after it is registered.

3   Authority

This regulation is made under the following Acts:

(a) the A New Tax System (Goods and Services Tax) Act 1999;

(b) the Income Tax Assessment Act 1936;

(c) the Income Tax Assessment Act 1997;

(d) the Taxation Administration Act 1953.

4   Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1   Amendments

Part 1   Amendments related to tax offsets

Income Tax Regulations 1936

1   Subregulation 150AE(12)

Omit "TP1 is a resident of Australia", substitute "each rate of tax payable by TP1 is a rate set out in Part I of Schedule 7 to the Income Tax Rates Act 1986".

2   Subregulation 150AE(13)

Omit "TP1 is a non-resident", substitute "each rate of tax payable by TP1 is a rate set out in Part II of Schedule 7 to the Income Tax Rates Act 1986".

3   Subregulation 150AE(13) (note)

Repeal the note.

4   Subregulation 150AF(9)

Omit "TP1 is a resident of Australia", substitute "each rate of tax payable by TP1 is a rate set out in Part I of Schedule 7 to the Income Tax Rates Act 1986".

5   Subregulation 150AF(10) (including the note)

Repeal the subregulation, substitute:

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

6   Regulation 200

Repeal the regulation, substitute:

200 Transitional arrangements arising out of the Income Tax Amendment Regulation 2013 (No. 1)

The amendments made by Schedule 1 to the Income Tax Amendment Regulation 2013 (No. 1) apply in relation to assessments of income for the 2012-2013 income year and later income years.

201 Transitional arrangements arising out of the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013

The amendments made by items 1 to 5 of Schedule 1 to the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013 apply in relation to assessments of income for the 2013-2014 income year and later income years.

Taxation Administration Regulations 1976

7   After paragraph 24(b)

Insert:

(ba) an offset under Subdivision 61-A of the 1997 Tax Act;

8   Paragraphs 24(e) and (f)

Repeal the paragraphs, substitute:

(f) 18% of the rebate mentioned in section 159N of the Income Tax Assessment Act 1936.

9   After paragraph 26(1)(c)

Insert:

(ca) whether the individual is entitled to a tax offset mentioned in Subdivision 61-A of the 1997 Tax Act;

10   After Part 8

Insert:

Part 9 - Transitional arrangements

65 Transitional arrangements arising out of the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013

(1) The amendments of these Regulations made by items 7 and 9 of Schedule 1 to the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013 apply on and after 1 July 2013.

(2) The amendment of these Regulations made by item 8 of Schedule 1 to the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013 applies on and after 1 July 2014.

Part 2   Amendments related to constitutionally protected funds

Income Tax Assessment Regulations 1997

11   Regulation 910-1.01 (heading)

Repeal the heading, substitute:

910-1.01 Transitional arrangements arising out of the Income Tax Assessment Amendment (Superannuation Measures No. 1) Regulation 2013

12   At the end of Part 5

Add:

910-1.02 Transitional arrangements arising out of the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013

The amendment of these Regulations made by item 17 of Schedule 1 to the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013 applies on and after 17 February 2001.

13   Schedule 4 (note to Schedule heading)

Repeal the note, substitute:

Note: See regulation 995-1.04.

14   Schedule 4 (table, headings to columns headed "Item" and "Legislation")

Repeal the headings, substitute:

15   Schedule 4 (table items 205 to 207)

Repeal the items, substitute:

16   Schedule 4 (table items 208, 209 and 401)

Repeal the items.

17   Schedule 4 (table item 404)

Omit "(section 29)".

18   Schedule 4 (table items 405, 601, 603 and 604)

Repeal the items.

Part 3   Amendments relating to sustaining the superannuation contribution concession and other measures

Income Tax Assessment Regulations 1997

19   After Division 292

Insert:

Division 293 - Sustaining the superannuation contribution concession

Subdivision 293-E - Modifications for constitutionally protected State higher level office holders

293-145.01 Constitutionally protected State higher level office holders

For paragraph 293-145(1)(b) of the Act, the following individuals are declared:

(a) a Minister of the government of a State;

(b) a member of the staff of a Minister of the government of a State;

(c) the Governor of a State;

(d) a member of staff of the Governor of a State;

(e) a member of the Parliament of a State;

(f) the Clerk of a house of the Parliament of a State;

(g) the head of a Department of the Public Service of a State or a statutory office holder of equivalent seniority, including a statutory office holder who is the head of an instrumentality or agency of a State;

(h) a judge, justice or magistrate of the court of a State.

20   Regulation 307-200.01

Repeal the regulation, substitute:

307-200.01 Application of Subdivision 307-D to Subdivisions 291-C and 293-D of the Act

This Subdivision does not apply for the purposes of:

(a) calculating an amount of contributions under Subdivision 291-C of the Act; or

(b) calculating low tax contributions under Subdivision 293-D of the Act.

21   At the end of Part 5

Add:

910-1.03 Transitional arrangements arising out of the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013

The amendments of these Regulations made by items 19 and 20 of Schedule 1 to the Tax Laws Amendment (2013 Measures No. 1) Regulation 2013 apply on and after 1 July 2012.

Part 4   Amendments relating to car expenses: cents per kilometre

Income Tax Assessment Regulations 1997

22   Part 2 of Schedule 1

Repeal the Part, substitute:

Part 2 - Cents per kilometre

Note: For the rate prescribed for earlier income years, see regulation 147 of the Income Tax Regulations 1936.

Part 5   Amendments relating to GST

A New Tax System (Goods and Services Tax) Regulations 1999

23   Amendments of listed provisions - assessed GST

Omit "GST" (wherever occurring) and substitute "assessed GST" in the following provisions:

(a) regulation 33-15.01;

(b) subregulation 33-15.02(1);

(c) regulation 33-15.04;

(d) paragraph 33-15.06(1)(c);

(e) regulation 33-15.07;

(f) Dictionary, definition of Approved entity .