{"id":"C2004A01972","name":"Income Tax (Non-Resident Companies) Act 1978","slug":"income-tax-non-resident-companies-act-1978","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"173 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6654,"registerId":"commonwealth-C2004A01972-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Income Tax (Non-Resident Companies) Act 1978","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nINCOME TAX (NON-RESIDENT COMPANIES) ACT 1978\n\nNo. 173 of 1978\n\nAn Act to impose income tax upon the reduced taxable income of non-resident companies.\n\nBE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:\n\nShort title\n\n1. This Act may be cited as the Income Tax (Non-Resident Companies) Act 1978.\n\nCommencement\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nInterpretation\n\n3. In this Act “Assessment Act” means the Income Tax Assessment Act 1936.\n\nIncorporation\n\n4. The Assessment Act is incorporated, and shall be read as one, with this Act.\n\nImposition of tax\n\n5. The tax known as income tax, to the extent that that tax is payable in accordance with section 128t of the Assessment Act, is imposed by this Act.\n\nRate of tax\n\n6. The rate of tax imposed by this Act is 5 per centum.\n\n![](image.001.png) \n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2373},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act maintains its original narrow purpose of imposing a specific 5% tax rate on the reduced taxable income of non-resident companies as determined under the Income Tax Assessment Act 1936. No expansion beyond this original rate-setting function is evident."},"complexity_factors":["Only 6 sections with minimal text","Single defined term ('Assessment Act')","Relies entirely on external calculation methodology in section 128T of the Income Tax Assessment Act 1936","No exceptions, conditions, or procedural provisions"],"plain_english_summary":"This Act imposes a flat 5% Australian income tax on certain earnings of non‑resident (foreign) companies — principally the categories of income already identified as taxable under section 128T of the Income Tax Assessment Act 1936 — using the existing \"reduced taxable income\" calculation from that Act. \n\nIt does not change what income is taxable; it simply sets the 5% rate, ensuring foreign companies pay a distinct, lower flat rate on specified Australian‑source profits (e.g., certain dividends)."}},"importantCases":[],"_links":{"self":"/api/acts/income-tax-non-resident-companies-act-1978","history":"/api/acts/income-tax-non-resident-companies-act-1978/history","analysis":"/api/acts/income-tax-non-resident-companies-act-1978/analysis","conflicts":"/api/acts/income-tax-non-resident-companies-act-1978/conflicts","importantCases":"/api/acts/income-tax-non-resident-companies-act-1978/important-cases","documents":"/api/acts/income-tax-non-resident-companies-act-1978/documents"}}