Senate

Explanatory Memorandum

(Circulated by the authority of the Treasurer the Hon Ralph Willis, M.P.)

CHAPTER 12 - MINING WITHHOLDING TAX

Overview

12.1 Mining withholding tax (MWT) is levied on certain mining payments made to Aboriginal communities and groups. This Bill will reduce the rate of MWT.

Summary of the amendments

Purpose of the amendments

12.2 The Bill proposes to amend the Income Tax (Mining Withholding Tax) Act 1979 , which specifies the rate of MWT, to reduce the rate from 5.8 per cent to 4 per cent.

Date of effect

12.3 The measure will apply to payments on or after the date of introduction of the Bill (30 June 1994). [Clause 120]

Background to the legislation

12.4 MWT was introduced with effect from 1 July 1979 to tax, on a final withholding tax basis, certain revenues derived by Aboriginal communities and groups from the use of Aboriginal land for exploration and mining. It was introduced in order to:

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ensure certainty and simplicity in the rules governing tax on the payments flowing to Aborigines from mining operations; and

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apply a rate of tax that makes allowances for the fact that substantial amounts attributable to these payments are expected to be expended in tax exempt circumstances on the provision of facilities and services for Aboriginal communities and for the benefit of people on low incomes.

12.55 The affected payments are defined by section 128U of the Income Tax Assessment Act 1936 . Broadly, these payments are mining royalty equivalent payments paid to the Aboriginals Benefit Trust Fund Account, agreement payments made by mining companies directly to Land Councils for distribution to Aborigines in affected areas and any other payments made under a Federal, State or Territory law which relate to Aborigines in respect of mining.

12.6 The reduction in the rate takes account of changes in the basic rate of personal tax.

Explanation of the amendments

12.7 The reference to 5.8% in section 6 of the Income Tax (Mining Withholding Tax) Act 1979 will be removed and replaced with a reference to4%. [Clause 119]