1Income Tax (Rates) Act 1982

 Income Tax (Rates) Act 1982 No. 105 of 1982 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation 4. Incorporation 5. Act to be deemed to be the Act declaring rates of income tax PART II—FINANCIAL YEAR COMMENCING ON 1 JULY 1982 Division 1—Application of Part 6. Application of Part Division 2—Rates of tax and notional rates 7. Rates of tax and notional rates Division 3—Resident taxpayers, resident beneficiaries and resident trust estates 8. Rates of tax where Division 6aa of Part III of the Assessment Act applies 9. Limitation on tax payable by certain trustees TABLE OF PROVISIONS—continued Section Division 4—Non-resident taxpayers, non-resident beneficiaries and non-resident trust estates 10. Rates of tax where Division 6aa of Part III of the Assessment Act applies 11. Limitation on tax payable by certain trustees PART III —FINANCIAL YEAR COMMENCING ON 1 JULY 1983 AND SUBSEQUENT FINANCIAL YEARS Division 1—Application of Part 12. Application of Part Division 2—Rates of Tax and Notional Rates 13. Rates of tax and notional rates Division 3—Resident taxpayers, resident beneficiaries and resident trust estates 14. Rates of tax where Division 6aa of Part III of the Assessment Act applies 15. Limitation on tax payable by certain trustees Division 4—Non-resident taxpayers and non-resident beneficiaries 16. Rates of tax where Division 6aa of Part III of the Assessment Act applies SCHEDULE 1 GENERAL RATES OF TAX—FINANCIAL YEAR 1982-83 SCHEDULE 2 NOTIONAL RATES FOR THE PURPOSES OF SECTION 156 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1982-83 SCHEDULE 3 RATES OF TAX BY REFERENCE TO A NOTIONAL INCOME—FINANCIAL YEAR 1982-83 SCHEDULE 4 RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OR 99 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1982-83 SCHEDULE 5 RATES OF TAX PAYABLE ON ELIGIBLE TAXABLE INCOME—FINANCIAL YEAR 1982-83 SCHEDULE 6 RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OF THE ASSESSMENT ACT WHERE DIVISION 6aa OF PART III OF THAT ACT APPLIES—FINANCIAL YEAR 1982-83 TABLE OF PROVISIONS—continued SCHEDULE 7 GENERAL RATES OF TAX-FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS SCHEDULE 8 NOTIONAL RATES FOR THE PURPOSES OF SECTION 156 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS SCHEDULE 9 RATES OF TAX BY REFERENCE TO A NOTIONAL INCOME—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS SCHEDULE 10 RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OR 99 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS SCHEDULE 11 RATES OF TAX PAYABLE ON ELIGIBLE TAXABLE INCOME—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS SCHEDULE 12 RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OF THE ASSESSMENT ACT WHERE DIVISION 6aa OF PART III OF THAT ACT APPLIES—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS  Income Tax (Rates) Act 1982 No. 105 of 1982 An Act to declare the rates of income tax payable upon incomes other than incomes of companies, corporate unit trusts and superannuation funds \[Assented to 30 October 1982\] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Income Tax (Rates) Act 1982. Commencement 2. This Act shall come into operation on the day on which it receives the Royal Assent. Interpretation 3. (1) In this Act, unless the contrary intention appears— “Assessment Act” means the Income Tax Assessment Act 1936; “non-resident beneficiary”, in relation to a year of income, means a beneficiary of a trust estate who is a prescribed non-resident in relation to that year of income; “non-resident taxpayer”, in relation to a year of income, means a taxpayer who is a prescribed non-resident in relation to that year of income; “non-resident trust estate”, in relation to a year of income, means a trust estate that is not a resident trust estate in relation to that year of income; “prescribed non-resident” means— (a) in relation to the year of income that commenced on 1 July 1982, a person who, at all times during that year of income, was a non-resident, not being— (i) a person to whom, at any time during that year of income, a pension, allowance or benefit was payable under an Act mentioned in any of sub-paragraphs (b) (i) to (vi), inclusive, being a pension, allowance or benefit in respect of which the person is liable to be assessed and to pay income tax in Australia; or (ii) a person who derived income (other than exempt income) directly or indirectly from sources in Australia, being income that was related directly to activities undertaken by that person during a visit to Australia, where the visit commenced on or before 17 August 1982 or the Commissioner is satisfied that the arrangements for the visit were completed on or before 17 August 1982; and (b) in relation to the year of income commencing on 1 July 1983 and all subsequent years of income, a person who, at all times during that year of income, is a non-resident, not being a person to whom, at any time during the year of income, a pension, allowance or benefit is payable under— (i) the Interim Forces Benefits Act 1947; (ii) the Repatriation Act 1920; (iii) the Repatriation (Far East Strategic Reserve) Act 1956; (iv) the Repatriation (Special Overseas Service) Act 1962; (v) the Social Security Act 1947; or (vi) the Tuberculosis Act 1948, being a pension, allowance or benefit in respect of which the person is liable to be assessed and to pay income tax in Australia; “resident beneficiary”, in relation to a year of income, means a beneficiary of a trust estate who is not a prescribed non-resident in relation to that year of income; “resident taxpayer”, in relation to a year of income, means a taxpayer who is not a prescribed non-resident in relation to that year of income; “resident trust estate”, in relation to a year of income, means a trust estate that, under sub-section 95 (2) of the Assessment Act, is to be taken to be a resident trust estate in relation to that year of income; “superannuation fund” means a provident, benefit, superannuation or retirement fund; “tax” means income tax imposed as such by any Act other than— (a) income tax payable by a company (other than a company in the capacity of a trustee); (b) income tax payable by a person in the capacity of a trustee of a trust estate that is a corporate unit trust, within the meaning of Division 6b of Part III of the Assessment Act, in relation to the year of income; (c) income tax payable by a person in the capacity of a trustee of a superannuation fund; or (d) income tax payable in accordance with section 121h, 126, 128b, 128n, 128t, 128v, 136a or 159c of the Assessment Act. (2) In this Act— (a) a reference to net income or taxable income shall be read as a reference to net income or taxable income, as the case may be, of the year of income; and (b) a reference to eligible taxable income for the purposes of Division 6aa of Part III of the Assessment Act shall be read as a reference to eligible taxable income of the year of income for the purposes of that Division. (3) A reference in this Act to the part to which Division 6aa of Part III of the Assessment Act applies of the share of a beneficiary of the net income of a trust estate shall, if that Division applies to the whole of such a share, be read as a reference to the whole of that share. Incorporation 4. The Assessment Act is incorporated, and shall be read as one, with this Act. Act to be deemed to be the Act declaring rates of income tax 5. For the purposes of sub-section 160 (3) of the Assessment Act, this Act shall be deemed to be the Act declaring the rates of income tax payable for the financial year commencing on 1 July 1982 and for all subsequent financial years. PART II—FINANCIAL YEAR COMMENCING ON 1 JULY 1982 Division 1—Application of Part Application of Part 6. The rates of tax declared by this Part, and the notional rates declared by this Part for the purposes of section 156 of the Assessment Act, apply for the financial year commencing on 1 July 1982. Division 2—Rates of tax and notional rates Rates of tax and notional rates 7. (1) Except as otherwise provided by this Part, the rates of tax are as set out in Schedule 1. (2) The notional rates for the purposes of section 156 of the Assessment Act are as set out in Schedule 2. (3) Subject to sections 8 and 10, the rate of tax in respect of a taxable income in any case where section 59ab, 86 or 158d of the Assessment Act applies is as set out in Schedule 3. (4) Subject to sections 8 and 10, the rates of tax payable by a trustee in pursuance of section 98 or 99 of the Assessment Act are as set out in Schedule 4. (5) The rate of further tax payable by a person in pursuance of sub-section 94 (9) of the Assessment Act is— (a) in respect of the part of the taxable income of the person that is the relevant part of that taxable income for the purposes of sub-sections 94 (10a) and (10b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the taxable income of the person; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the person is entitled, would be payable by the person in respect of his taxable income; and c is the number of whole dollars in the taxable income of the person; and (b) in respect of the part of the taxable income of the person that is the prescribed part of that taxable income for the purposes of sub-section 94 (10b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the taxable income of the person; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the person is entitled, would be payable by the person in respect of his taxable income if the notional rates declared by this Part for the purposes of section 156 of the Assessment Act were the rates of tax payable by the person on his taxable income; and c is the number of whole dollars in the taxable income of the person. (6) The rate of further tax payable by a trustee in pursuance of sub-section 94 (11) or (12) of the Assessment Act is— (a) in respect of the part of the net income of the trust estate that is the relevant part of that net income for the purposes of sub-sections 94 (12a) and (12b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the net income of the trust estate in respect of which the trustee is liable to be assessed and to pay tax under section 98 or 99 of the Assessment Act; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the trustee is entitled, would be payable by the trustee in respect of that net income; and c is the number of whole dollars in that net income; and (b) in respect of the part of the net income of the trust estate that is the prescribed part of that net income for the purposes of sub-section 94 (12b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the net income of the trust estate in respect of which the trustee is liable to be assessed and to pay tax under section 98 or 99 of the Assessment Act; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the trustee is entitled, would be payable by the trustee in respect of that net income if the notional rates declared by this Part for the purposes of section 156 of the Assessment Act were the rates of tax payable by the trustee in respect of that net income; and c is the number of whole dollars in that net income. (7) The rate of tax payable by a trustee in respect of the net income of a trust estate in respect of which the trustee is liable, in pursuance of section 99a of the Assessment Act, to be assessed and to pay tax is 60%. Division 3—Resident taxpayers, resident beneficiaries and resident trust estates Rates of tax where Division 6aa of Part III of the Assessment Act applies 8\. (1) The rates of tax in respect of the taxable income of a resident taxpayer— (a) who is a prescribed person in relation to the year of income for the purposes of Division 6aa of Part III of the Assessment Act; and (b) who has, for the purposes of that Division, an eligible taxable income of an amount exceeding $1,040, are as set out in Part I of Schedule 5. (2) Where the eligible taxable income of a resident taxpayer for the purposes of Division 6aa of Part III of the Assessment Act exceeds $1,040 but does not exceed $3,432, the amount of tax payable under sub-section (1) in respect of that eligible taxable income shall not exceed— (a) 66% of the amount by which that eligible taxable income exceeds $1,040; or (b) the amount ascertained by deducting from the amount of tax that would be payable by the taxpayer if the rates set out in Part I of Schedule 1 or Part I of Schedule 3, as the case requires, were applied to the taxable income of the taxpayer the amount of tax that would be payable by the taxpayer if those rates were applied to the taxable income of the taxpayer reduced by the amount of that eligible taxable income, whichever is the greater. (3) Where— (a) a trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part of that share; and (c) the part of that share to which that Division applies exceeds $1,040, the rates of tax payable by the trustee in respect of that share of the net income of the trust estate are as set out in Part I of Schedule 6. (4) Where— (a) a trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part of that share; (c) the part of that share to which that Division applies does not exceed $1,040; (d) Division 6aa of Part III of the Assessment Act also applies to a part of the share of the beneficiary of the net income of another trust estate or to parts of the shares of the beneficiary of the net incomes of other trust estates; and (e) the sum of the part referred to in paragraph (b) and the part or parts referred to in paragraph (d) exceeds $1,040, the trustee of the trust estate referred to in paragraph (a) is liable to pay tax in respect of the share of the net income of the trust estate referred to in that paragraph at the rates set out in Part I of Schedule 6. (5) Where— (a) the amount of tax that a trustee of a trust estate is liable to pay in respect of the share of a resident beneficiary of the net income of the trust estate is, by virtue of sub-section (4), to be calculated in accordance with Part I of Schedule 6; and (b) the sum of— (i) the part of that share to which Division 6aa of Part III of the Assessment Act applies; and (ii) the part of the share of the beneficiary of the net income of the other trust estate or the parts of the shares of the beneficiary of the net incomes of the other trust estates, as the case may be, to which that Division applies, does not exceed $3,432, the tax that, apart from this sub-section, would be payable by the trustee in respect of the share referred to in paragraph (a) shall be reduced by such amount (if any) as, in the opinion of the Commissioner, is fair and reasonable. (6) Subject to sub-section (7), where— (a) the trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part (in this sub-section referred to as the “eligible part”) of that share; and (c) the eligible part of that share exceeds $1,040 but does not exceed $3,432, the amount of tax payable under sub-section (3) in respect of the eligible part of that share shall not exceed— (d) 66% of the amount by which the eligible part of that share exceeds $1,040; or (e) the amount ascertained by deducting from the amount of tax that would be payable by the trustee if the rates referred to in Part I of Schedule 4 were applied to that share of that net income the amount of tax that would be payable by the trustee if those rates were applied to that share of that net income reduced by the amount of the eligible part of that share, whichever is the greater. (7) Sub-section (6) does not apply in relation to the share of a beneficiary of the net income of a trust estate if Division 6aa of Part III of the Assessment Act applies to a part of a share of the beneficiary of the net income of another trust estate or to parts of the shares of the beneficiary of the net incomes of other trust estates. (8) Where— (a) by reason of the application of sub-section (7), sub-section (6) does not apply in relation to the share of a beneficiary of the net income of a trust estate in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act; and (b) the sum of— (i) the part of that share to which Division 6aa of Part III of the Assessment Act applies; and (ii) the part of the share of the beneficiary of the net income of the other trust estate or the parts of the shares of the beneficiary of the net incomes of the other trust estates, as the case may be, to which that Division applies, does not exceed $3,432, the tax that, apart from this sub-section, would be payable by the trustee in respect of the share referred to in paragraph (a) shall be reduced by such amount (if any) as, in the opinion of the Commissioner, is fair and reasonable. (9) In forming an opinion for the purposes of sub-section (5) or (8) (in this sub-section referred to as the “relevant sub-section”) in relation to the share of a beneficiary of the net income of a trust estate of a year of income, the Commissioner shall have regard to— (a) any limitation that would be applicable under sub-section (6) on the amount of tax that would be payable by a trustee in accordance with Part I of Schedule 6 in respect of a share of the net income of a trust estate of the year of income of an amount equal to the sum of the shares referred to in paragraph (b) of the relevant sub-section if— (i) Division 6aa of Part III of the Assessment Act applied to so much of that share as is equal to the sum of the parts of the shares referred to in paragraph (b) of the relevant sub-section; and (ii) that share were a share of a resident beneficiary who is not presently entitled to a share of the income of the year of income of any other trust estate; (b) the amount of any reduction previously granted by the Commissioner in pursuance of sub-section (5) or (8) in relation to the share of the beneficiary of the net income of the year of income of any other trust estate; and (c) such other matters (if any) as he thinks fit. Limitation on tax payable by certain trustees 9\. (1) Where— (a) the trustee of a resident trust estate is liable to be assessed under section 99 of the Assessment Act in respect of the net income or a part of the net income of the trust estate; (b) in the case of a trust estate of a deceased person, the deceased person died not less than 3 years before the end of the year of income; and (c) that net income or that part of the net income of the trust estate does not exceed $416, no tax is payable under sub-section 7 (4) in respect of that net income or that part of the net income, as the case may be. (2) Where— (a) the trustee of a resident trust estate is liable to be assessed and to pay tax under section 99 of the Assessment Act in respect of the net income or a part of the net income of the trust estate; (b) in the case of a trust estate of a deceased person, the deceased person died not less than 3 years before the end of the year of income; and (c) that net income or that part of the net income of the trust estate exceeds $416 but does not exceed $1,076, the amount of the tax payable by the trustee under sub-section 7 (4) in respect of that net income or that part of the net income shall not exceed 50% of the amount by which that net income or that part of the net income, as the case may be, exceeds $416, less any rebate or credit to which the trustee is entitled. Division 4—Non-resident taxpayers, non-resident beneficiaries and non-resident trust estates Rates of tax where Division 6aa of Part III of the Assessment Act applies 10\. (1) The rates of tax in respect of the taxable income of a non-resident taxpayer— (a) who is a prescribed person in relation to the year of income for the purposes of Division 6aa of Part III of the Assessment Act; and (b) who has, for the purposes of that Division, an eligible taxable income of an amount exceeding $136, are as set out in Part II of Schedule 5. (2) Where the eligible taxable income of a non-resident taxpayer for the purposes of Division 6aa of Part III of the Assessment Act— (a) exceeds $136 but does not exceed $254—the amount of tax payable under sub-section (1) in respect of that eligible taxable income shall not exceed— (i) 66% of the amount by which that eligible taxable income exceeds $136; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the taxpayer if the rates set out in Part II of Schedule 1 or Part II of Schedule 3, as the case requires, were applied to the taxable income of the taxpayer the amount of tax that would be payable by the taxpayer if those rates were applied to the taxable income of the taxpayer reduced by the amount of that eligible taxable income, whichever is the greater; (b) exceeds $254 but does not exceed $1,040—the amount of tax payable under sub-section (1) in respect of that eligible taxable income shall not exceed— (i) 30.67% of that eligible taxable income; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the taxpayer if the rates set out in Part II of Schedule 1 or Part II of Schedule 3, as the case requires, were applied to the taxable income of the taxpayer the amount of tax that would be payable by the taxpayer if those rates were applied to the taxable income of the taxpayer reduced by the amount of that eligible taxable income, whichever is the greater; or (c) exceeds $1,040 but does not exceed $1,837—the amount of tax payable under sub-section (1) in respect of that eligible taxable income shall not exceed— (i) the sum of $318.96 and 66% of the amount by which that eligible taxable income exceeds $1,040; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the taxpayer if the rates set out in Part II of Schedule 1 or Part II of Schedule 3, as the case requires, were applied to the taxable income of the taxpayer the amount of tax that would be payable by the taxpayer if those rates were applied to the taxable income of the taxpayer reduced by the amount of that eligible income, whichever is the greater. (3) Where— (a) a trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a non-resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part of that share; and (c) the part of that share to which that Division applies exceeds $136, the rates of tax payable by the trustee in respect of that share of the net income of the trust estate are as set out in Part II of Schedule 6. (4) Where— (a) a trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a non-resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part of that share; (c) the part of that share to which that Division applies does not exceed $136; (d) Division 6aa of Part III of the Assessment Act also applies to a part of the share of the beneficiary of the net income of another trust estate or to parts of the shares of the beneficiary of the net incomes of other trust estates; and (e) the sum of the part referred to in paragraph (b) and the part or parts referred to in paragraph (d) exceeds $136, the trustee of the trust estate referred to in paragraph (a) is liable to pay tax in respect of the share of the net income of the trust estate referred to in that paragraph at the rates set out in Part II of Schedule 6. (5) Where— (a) the amount of tax that a trustee of a trust estate is liable to pay in respect of the share of a non-resident beneficiary of the net income of the trust estate is, by virtue of sub-section (4), to be calculated in accordance with Part II of Schedule 6; and (b) the sum of— (i) the part of that share to which Division 6aa of Part III of the Assessment Act applies; and (ii) the part of the share of the beneficiary of the net income of the other trust estate or the parts of the shares of the beneficiary of the net incomes of the other trust estates, as the case may be, to which that Division applies, does not exceed $1,837, the tax that, apart from this sub-section, would be payable by the trustee in respect of the share referred to in paragraph (a) shall be reduced by such amount (if any) as, in the opinion of the Commissioner, is fair and reasonable. (6) Subject to sub-section (7), where— (a) the trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a non-resident beneficiary of the net income of the trust estate; and (b) Division 6aa of Part III of the Assessment Act applies to a part (in this sub-section referred to as the “eligible part”) of that share, the amount of tax payable under sub-section (3) in respect of the eligible part of that share shall not exceed— (c) where the eligible part of that share exceeds $136 but does not exceed $254— (i) 66% of the amount by which the eligible part of that share exceeds $ 136; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the trustee if the rates referred to in Part II of Schedule 4 were applied to that share of that net income the amount of tax that would be payable by the trustee if those rates were applied to that share of that net income reduced by the amount of the eligible part of that share, whichever is the greater; (d) where the eligible part of that share exceeds $254 but does not exceed $1,040— (i) 30.67% of the eligible part of that share; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the trustee if the rates referred to in Part II of Schedule 4 were applied to that share of that net income the amount of tax that would be payable by the trustee if those rates were applied to that share of that net income reduced by the amount of the eligible part of that share, whichever is the greater; or (e) where the eligible part of that share exceeds $1,040 but does not exceed $1,837— (i) the sum of $318.96 and 66% of the amount by which the eligible part of that share exceeds $1,040; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the trustee if the rates referred to in Part II of Schedule 4 were applied to that share of that net income the amount of tax that would be payable by the trustee if those rates were applied to that share of that net income reduced by the amount of the eligible part of that share, whichever is the greater. (7) Sub-section (6) does not apply in relation to the share of a beneficiary of the net income of a trust estate if Division 6aa of Part III of the Assessment Act applies to a part of a share of the beneficiary of the net income of another trust estate or to parts of the shares of the beneficiary of the net incomes of other trust estates. (8) Where— (a) by reason of the application of sub-section (7), sub-section (6) does not apply in relation to the share of a beneficiary of the net income of a trust estate in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act; and (b) the sum of— (i) the part of that share to which Division 6aa of Part III of the Assessment Act applies; and (ii) the part of the share of the beneficiary of the net income of the other trust estate or the parts of the shares of the beneficiary of the net incomes of the other trust estates, as the case may be, to which that Division applies, does not exceed $1,837, the tax that, apart from this sub-section, would be payable by the trustee in respect of the share referred to in paragraph (a) shall be reduced by such amount (if any) as, in the opinion of the Commissioner, is fair and reasonable. (9) In forming an opinion for the purposes of sub-section (5) or (8) (in this sub-section referred to as the “relevant sub-section”) in relation to the share of a beneficiary of the net income of a trust estate of a year of income, the Commissioner shall have regard to— (a) any limitation that would be applicable under sub-section (6) on the amount of tax that would be payable by a trustee in accordance with Part II of Schedule 6 in respect of a share of the net income of a trust estate of the year of income of an amount equal to the sum of the shares referred to in paragraph (b) of the relevant sub-section if— (i) Division 6aa of Part III of the Assessment Act applied to so much of that share as is equal to the sum of the parts of the shares referred to in paragraph (b) of the relevant sub-section; and (ii) that share were a share of a non-resident beneficiary who is not presently entitled to a share of the income of the year of income of any other trust estate; (b) the amount of any reduction previously granted by the Commissioner in pursuance of sub-section (5) or (8) in relation to the share of the beneficiary of the net income of the year of income of any other trust estate; and (c) such other matters (if any) as he thinks fit. Limitation on tax payable by certain trustees 11\. (1) Where— (a) the trustee of a non-resident trust estate is liable to be assessed under section 99 of the Assessment Act in respect of the net income or a part of the net income of the trust estate; (b) in the case of a trust estate of a deceased person, the deceased person died not less than 3 years before the end of the year of income; and (c) that net income or that part of the net income of the trust estate does not exceed $54, no tax is payable under sub-section 7 (4) in respect of that net income or that part of the net income, as the case may be. (2) Where— (a) the trustee of a non-resident trust estate is liable to be assessed and to pay tax under section 99 of the Assessment Act in respect of the net income or a part of the net income of the trust estate; (b) in the case of a trust estate of a deceased person, the deceased person died not less than 3 years before the end of the year of income; and (c) that net income or that part of the net income of the trust estate exceeds $54 but does not exceed $139, the amount of tax payable by the trustee under sub-section 7 (4) in respect of that net income or that part of the net income shall not exceed 50% of the amount by which that net income or that part of the net income, as the case may be, exceeds $54, less any rebate or credit to which the trustee is entitled. PART III—FINANCIAL YEAR COMMENCING ON 1 JULY 1983 AND SUBSEQUENT FINANCIAL YEARS Division 1—Application of Part Application of Part 12. The rates of tax declared by this Part, and the notional rates declared by this Part for the purposes of section 156 of the Assessment Act, apply for the financial year commencing on 1 July 1983 and for all subsequent financial years. Division 2—Rates of Tax and Notional Rates Rates of tax and notional rates 13. (1) Except as otherwise provided by this Part, the rates of tax are as set out in Schedule 7. (2) The notional rates for the purposes of section 156 of the Assessment Act are as set out in Schedule 8. (3) Subject to sections 14 and 16, the rate of tax in respect of a taxable income in any case where section 59ab, 86 or 158d of the Assessment Act applies is as set out in Schedule 9. (4) Subject to sections 14 and 16, the rates of tax payable by a trustee in pursuance of section 98 or 99 of the Assessment Act are as set out in Schedule 10. (5) The rate of further tax payable by a person in pursuance of sub-section 94 (9) of the Assessment Act is— (a) in respect of the part of the taxable income of the person that is the relevant part of that taxable income for the purposes of sub-sections 94 (10a) and (10b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the taxable income of the person; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the person is entitled, would be payable by the person in respect of his taxable income; and c is the number of whole dollars in the taxable income of the person; and (b) in respect of the part of the taxable income of the person that is the prescribed part of that taxable income for the purposes of sub-section 94 (10b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the taxable income of the person; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the person is entitled, would be payable by the person in respect of his taxable income if the notional rates declared by this Part for the purposes of section 156 of the Assessment Act were the rates of tax payable by the person on his taxable income; and c is the number of whole dollars in the taxable income of the person. (6) The rate of further tax payable by a trustee in pursuance of sub-section 94 (11) or (12) of the Assessment Act is— (a) in respect of the part of the net income of the trust estate that is the relevant part of that income for the purposes of sub-sections 94 (12a) and (12b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the net income of the trust estate in respect of which the trustee is liable to be assessed and to pay tax under section 98 or 99 of the Assessment Act; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the trustee is entitled, would be payable by the trustee in respect of that net income; and c is the number of whole dollars in that net income; and (b) in respect of the part of the net income of the trust estate that is the prescribed part of that net income for the purposes of sub-section 94 (12b) of the Assessment Act—the amount (if any) per dollar ascertained in accordance with the formula , where— a is an amount equal to one-half of the net income of the trust estate in respect of which the trustee is liable to be assessed and to pay tax under section 98 or 99 of the Assessment Act; b is the amount of tax (if any) that, but for this sub-section and but for any rebate or credit to which the trustee is entitled, would be payable by the trustee in respect of that net income if the notional rates declared by this Part for the purposes of section 156 of the Assessment Act were the rates of tax payable by the trustee in respect of that net income; and c is the number of whole dollars in that net income. (7) The rate of tax payable by a trustee in respect of the net income of a trust estate in respect of which the trustee is liable, in pursuance of section 99a of the Assessment Act, to be assessed and to pay tax is 60%. Division 3—Resident taxpayers, resident beneficiaries and resident trust estates Rates of tax where Division 6aa of Part III of the Assessment Act applies 14\. (1) The rates of tax in respect of the taxable income of a resident taxpayer— (a) who is a prescribed person in relation to the year of income for the purposes of Division 6aa of Part III of the Assessment Act; and (b) who has, for the purposes of that Division, an eligible taxable income of an amount exceeding $1,040, are as set out in Part I of Schedule 11. (2) Where the eligible taxable income of a resident taxpayer for the purposes of Division 6aa of Part III of the Assessment Act exceeds $1,040 but does not exceed $3,432, the amount of tax payable under sub-section (1) in respect of that eligible taxable income shall not exceed— (a) 66% of the amount by which that eligible taxable income exceeds $1,040; or (b) the amount ascertained by deducting from the amount of tax that would be payable by the taxpayer if the rates set out in Part I of Schedule 7 or Part I of Schedule 9, as the case requires, were applied to the taxable income of the taxpayer the amount of tax that would be payable by the taxpayer if those rates were applied to the taxable income of the taxpayer reduced by the amount of that eligible taxable income, whichever is the greater. (3) Where— (a) a trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part of that share; and (c) the part of that share to which that Division applies exceeds $1,040, the rates of tax payable by the trustee in respect of that share of the net income of the trust estate are as set out in Part I of Schedule 12. (4) Where— (a) a trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part of that share; (c) the part of that share to which that Division applies does not exceed $1,040; (d) Division 6aa of Part III of the Assessment Act also applies to a part of the share of the beneficiary of the net income of another trust estate or to parts of the shares of the beneficiary of the net incomes of other trust estates; and (e) the sum of the part referred to in paragraph (b) and the part or parts referred to in paragraph (d) exceeds $1,040, the trustee of the trust estate referred to in paragraph (a) is liable to pay tax in respect of the share of the net income of the trust estate referred to in that paragraph at the rates set out in Part I of Schedule 12. (5) Where— (a) the amount of tax that a trustee of a trust estate is liable to pay in respect of the share of a resident beneficiary of the net income of the trust estate is, by virtue of sub-section (4), to be calculated in accordance with Part I of Schedule 12; and (b) the sum of— (i) the part of that share to which Division 6aa of Part III of the Assessment Act applies; and (ii) the part of the share of the beneficiary of the net income of the other trust estate or the parts of the shares of the beneficiary of the net incomes of the other trust estates, as the case may be, to which that Division applies, does not exceed $3,432, the tax that, apart from this sub-section, would be payable by the trustee in respect of the share referred to in paragraph (a) shall be reduced by such amount (if any) as, in the opinion of the Commissioner, is fair and reasonable. (6) Subject to sub-section (7), where— (a) the trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a resident beneficiary of the net income of the trust estate; (b) Division 6aa of Part III of the Assessment Act applies to a part (in this sub-section referred to as the “eligible part”) of that share; and (c) the eligible part of that share exceeds $1,040 but does not exceed $3,432, the amount of tax payable under sub-section (3) in respect of the eligible part of that share shall not exceed— (d) 66% of the amount by which the eligible part of that share exceeds $1,040; or (e) the amount ascertained by deducting from the amount of tax that would be payable by the trustee if the rates referred to in Part I of Schedule 10 were applied to that share of that net income the amount of tax that would be payable by the trustee if those rates were applied to that share of that net income reduced by the amount of the eligible part of that share, whichever is the greater. (7) Sub-section (6) does not apply in relation to the share of a beneficiary of the net income of a trust estate if Division 6aa of Part III of the Assessment Act applies to a part of a share of the beneficiary of the net income of another trust estate or to parts of the shares of the beneficiary of the net incomes of other trust estates. (8) Where— (a) by reason of the application of sub-section (7), sub-section (6) does not apply in relation to the share of a beneficiary of the net income of a trust estate in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act; and (b) the sum of— (i) the part of that share to which Division 6aa of Part III of the Assessment Act applies; and (ii) the part of the share of the beneficiary of the net income of the other trust estate or the parts of the shares of the beneficiary of the net incomes of the other trust estates, as the case may be, to which that Division applies, does not exceed $3,432, the tax that, apart from this sub-section, would be payable by the trustee in respect of the share referred to in paragraph (a) shall be reduced by such amount (if any) as, in the opinion of the Commissioner, is fair and reasonable. (9) In forming an opinion for the purposes of sub-section (5) or (8) (in this sub-section referred to as the “relevant sub-section”) in relation to the share of a beneficiary of the net income of a trust estate of a year of income, the Commissioner shall have regard to— (a) any limitation that would be applicable under sub-section (6) on the amount of tax that would be payable by a trustee in accordance with Part I of Schedule 12 in respect of a share of the net income of a trust estate of the year of income of an amount equal to the sum of the shares referred to in paragraph (b) of the relevant sub-section if— (i) Division 6aa of Part III of the Assessment Act applied to so much of that share as is equal to the sum of the parts of the shares referred to in paragraph (b) of the relevant sub-section; and (ii) that share were a share of a resident beneficiary who is not presently entitled to a share of the income of the year of income of any other trust estate; (b) the amount of any reduction previously granted by the Commissioner in pursuance of sub-section (5) or (8) in relation to the share of the beneficiary of the net income of the year of income of any other trust estate; and (c) such other matters (if any) as he thinks fit. Limitation on tax payable by certain trustees 15. (1) Where— (a) the trustee of a resident trust estate is liable to be assessed and to pay tax under section 99 of the Assessment Act in respect of the net income or a part of the net income of the trust estate; (b) in the case of a trust estate of a deceased person, the deceased person died not less than 3 years before the end of the year of income; and (c) that net income or that part of the net income of the trust estate does not exceed $416, no tax is payable under sub-section 13 (4) in respect of that net income or that part of the net income, as the case may be. (2) Where— (a) the trustee of a resident trust estate is liable to be assessed and to pay tax under section 99 of the Assessment Act in respect of the net income or a part of the net income of the trust estate; (b) in the case of a trust estate of a deceased person, the deceased person died not less than 3 years before the end of the year of income; and (c) that net income or that part of the net income of the trust estate exceeds $416 but does not exceed $1,040, the amount of tax payable by the trustee under sub-section 13 (4) in respect of that net income or that part of the net income shall not exceed 50% of the amount by which that net income or that part of the net income, as the case may be, exceeds $416, less any rebate or credit to which the trustee is entitled. Division 4—Non-resident taxpayers and non-resident beneficiaries Rates of tax where Division 6aa of Part III of the Assessment Act applies 16. (1) The rates of tax in respect of the taxable income of a non-resident taxpayer— (a) who is a prescribed person in relation to the year of income for the purposes of Division 6aa of Part III of the Assessment Act; and (b) who has, for the purposes of that Division, an eligible taxable income, are as set out in Part II of Schedule 11. (2) Where the eligible taxable income of a non-resident taxpayer for the purposes of Division 6aa of Part III of the Assessment Act— (a) does not exceed $1,040—the amount of tax payable under sub-section (1) in respect of that eligible taxable income shall not exceed— (i) 30% of that eligible taxable income; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the taxpayer if the rates set out in Part II of Schedule 7 or Part II of Schedule 9, as the case requires, were applied to the taxable income of the taxpayer the amount of tax that would be payable by the taxpayer if those rates were applied to the taxable income of the taxpayer reduced by the amount of that eligible taxable income, whichever is the greater; or (b) exceeds $1,040 but does not exceed $1,872—the amount of tax payable under sub-section (1) in respect of that eligible taxable income shall not exceed— (i) the sum of $312 and 66% of the amount by which that eligible taxable income exceeds $1,040; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the taxpayer if the rates set out in Part II of Schedule 7 or Part II of Schedule 9, as the case requires, were applied to the taxable income of the taxpayer the amount of tax that would be payable by the taxpayer if those rates were applied to the taxable income of the taxpayer reduced by the amount of that eligible taxable income, whichever is the greater. (3) Where— (a) a trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a non-resident beneficiary of the net income of the trust estate; and (b) Division 6aa of Part III of the Assessment Act applies to a part of that share, the rates of tax payable by the trustee in respect of that share of the net income of the trust estate are as set out in Part II of Schedule 12. (4) Subject to sub-section (5), where— (a) the trustee of a trust estate is liable to be assessed and to pay tax under section 98 of the Assessment Act in respect of the share of a non-resident beneficiary of the net income of the trust estate; and (b) Division 6aa of Part III of the Assessment Act applies to a part (in this sub-section referred to as the “eligible part”) of that share, the amount of tax payable under sub-section (3) in respect of the eligible part of that share shall not exceed— (c) where the eligible part of that share does not exceed $1,040— (i) 30% of the amount of the eligible part of that share; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the trustee if the rates referred to in Part II of Schedule 10 were applied to that share of that net income the amount of tax that would be payable by the trustee if those rates were applied to that share of that net income reduced by the amount of the eligible part of that share, whichever is the greater; or (d) where the eligible part of that share exceeds $1,040 but does not exceed $1,872— (i) the sum of $312 and 66% of the amount by which the eligible part of that share exceeds $1,040; or (ii) the amount ascertained by deducting from the amount of tax that would be payable by the trustee if the rates referred to in Part II of Schedule 10 were applied to that share of that net income the amount of tax that would be payable by the trustee if those rates were applied to that share of that net income reduced by the amount of the eligible part of that share, whichever is the greater. (5) Sub-section (4) does not apply in relation to the share of a beneficiary of the net income of a trust estate if Division 6aa of Part III of the Assessment Act applies to a part of a share of the beneficiary of the net income of another trust estate or to parts of the shares of the beneficiary of the net incomes of other trust estates. (6) Where— (a) by reason of the application of sub-section (5), sub-section (4) does not apply in relation to the share of a beneficiary of the net income of a trust estate in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act; and (b) the sum of— (i) the part of that share to which Division 6aa of Part III of the Assessment Act applies; and (ii) the part of the share of the beneficiary of the net income of the other trust estate or the parts of the shares of the beneficiary of the net incomes of the other trust estates, as the case may be, to which that Division applies, does not exceed $1,872, the tax that, apart from this sub-section, would be payable by the trustee in respect of the share referred to in paragraph (a) shall be reduced by such amount (if any) as, in the opinion of the Commissioner, is fair and reasonable. (7) In forming an opinion for the purposes of sub-section (6) in relation to the share of a beneficiary of the net income of a trust estate of a year of income, the Commissioner shall have regard to— (a) any limitation that would be applicable under sub-section (4) on the amount of tax that would be payable by a trustee in accordance with Part II of Schedule 12 in respect of a share of the net income of a trust estate of the year of income of an amount equal to the sum of the shares referred to in paragraph (6) (b) if— (i) Division 6aa of Part III of the Assessment Act applied to so much of that share as is equal to the sum of the parts of the shares referred to in paragraph (6) (b); and (ii) that share were a share of a non-resident beneficiary who is not presently entitled to a share of the income of the year of income of any other trust estate; (b) the amount of any reduction previously granted by the Commissioner in pursuance of sub-section (6) in relation to the share of the beneficiary of the net income of the year of income of any other trust estate; and (c) such other matters (if any) as he thinks fit. ———— SCHEDULE 1 Sub-section 7 (1) GENERAL RATES OF TAX—FINANCIAL YEAR 1982-83 PART I—RESIDENT TAXPAYERS The rate of tax in respect of each part of the taxable income of a resident taxpayer specified in column 1 of the following table is the rate set out in column 2 of that table opposite to the reference to that part of the taxable income: | Column 1 | Column 2 | | ---------------------------------------------------------- | --------------- | | Parts of Taxable Income | Rate per centum | | The part of the taxable income that— | | | exceeds $4,462 but does not exceed $17,894................ | 30.67 | | exceeds $17,894 but does not exceed $19,500............... | 35.33 | | exceeds $19,500 but does not exceed $35,788............... | 46 | | exceeds $35,788................................... | 60 | PART II—NON-RESIDENT TAXPAYERS The rate of tax in respect of each part of the taxable income of a non-resident taxpayer specified in column 1 of the following table is the rate set out in column 2 of that table opposite to the reference to that part of the taxable income: | Column 1 | Column 2 | | ---------------------------------------------------------- | --------------- | | Parts of Taxable Income | Rate per centum | | The part of the taxable income that— | | | exceeds $585 but does not exceed $17,894................. | 30.67 | | exceeds $17,894 but does not exceed $19,500............... | 35.33 | | exceeds $19,500 but does not exceed $35,788............... | 46 | | exceeds $35,788................................... | 60 | ———— SCHEDULE 2 Sub-section 7 (2) NOTIONAL RATES FOR THE PURPOSES OF SECTION 156 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1982-83 PART I—RESIDENT TAXPAYERS, RESIDENT BENEFICIARIES AND RESIDENT TRUST ESTATES Division 1—Normal Notional Rate 1\. This Division applies to the income of a resident taxpayer, other than income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act, if Division 16 of Part III of the Assessment Act applies in relation to that income. 2\. The notional rate in respect of income to which this Division applies is, for every $1 of the taxable income, the amount ascertained by determining the tax that would be payable if the rates set out in Part I of Schedule 1 were applied to a taxable income equal to the taxpayer’s average income and dividing the resultant amount by a number equal to the number of whole dollars in that average income. Division 2—Notional Rates in respect of Certain Trust Income 1\. This Division applies— (a) to a share of a resident beneficiary of the net income of a trust estate, if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act in respect of that share; and SCHEDULE 2—continued (ii) Division 16 of Part III of the Assessment Act applies in relation to that share; and (b) to the net income or a part of the net income of a resident trust estate, if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act in respect of that net income, or that part of that net income, of the trust estate; and (ii) Division 16 of Part III of the Assessment Act applies in relation to that net income or that part of that net income. 2. The notional rate in respect of income to which this Division applies is— (a) in a case where the income is— (i) a share of the net income of a trust estate in respect of which the trustee is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act; or (ii) the net income or a part of the net income of a trust estate in respect of which the trustee is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act, being the net income or a part of the net income of the estate of a deceased person who died less than 3 years before the end of the year of income, the rate that would be calculated in accordance with Division 1 if that income were the taxable income of one individual and were not income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act; and (b) in any other case—the rate that would be calculated under Division 1 in respect of a taxable income equal to the income if— (i) that income were the taxable income of one individual and were not income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act; and (ii) the reference in column 1 of the table in Part I of Schedule 1 to the part of the taxable income that exceeds $4,462 but does not exceed $17,894 were a reference to the part of the taxable income that does not exceed $17,894. PART II—NON-RESIDENT TAXPAYERS, NON-RESIDENT BENEFICIARIES AND NON-RESIDENT TRUST ESTATES Division 1—Normal Notional Rate 1\. This Division applies to the income of a non-resident taxpayer, other than income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act, if Division 16 of Part 111 of the Assessment Act applies in relation to that income. 2\. The notional rate in respect of income to which this Division applies is, for every $1 of the taxable income, the amount ascertained by determining the tax that would be payable if the rates set out in Part II of Schedule 1 were applied to a taxable income equal to the taxpayer’s average income and dividing the resultant amount by a number equal to the number of whole dollars in that average income. Division 2—Notional Rates in respect of Certain Trust Income 1. This Division applies— (a) to a share of a non-resident beneficiary of the net income of a trust estate, if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act in respect of that share; and (ii) Division 16 of Part III of the Assessment Act applies in relation to that share; and (b) to the net income or a part of the net income of a non-resident trust estate, if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act in respect of that net income or that part of that net income of the trust estate; and (ii) Division 16 of Part III of the Assessment Act applies in relation to that net income or that part of that net income. SCHEDULE 2—continued 2\. The notional rate in respect of income to which this Division applies is— (a) in a case where the income is— (i) a share of the net income of a trust estate in respect of which the trustee is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act; or (ii) the net income or a part of the net income of a trust estate in respect of which the trustee is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act, being the net income or a part of the net income of the estate of a deceased person who died less than 3 years before the end of the year of income, the rate that would be calculated in accordance with Division 1 if that income were the taxable income of one individual and were not income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act; and (b) in any other case—the rate that would be calculated under Division 1 in respect of a taxable income equal to the income if— (i) that income were the taxable income of one individual and were not income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act; and (ii) the reference in column 1 of the table in Part II of Schedule 1 to the part of the taxable income that exceeds $585 but does not exceed $17,894 were a reference to the part of the taxable income that does not exceed $17,894. ———— SCHEDULE 3 Sub-section 7 (3) RATES OF TAX BY REFERENCE TO A NOTIONAL INCOME—FINANCIAL YEAR 1982-83 PART I—RESIDENT TAXPAYERS For every $1 of the taxable income of a resident taxpayer deriving a notional income, as specified by section 59ab, 86 or 158d of the Assessment Act, the rate of tax is the amount ascertained by dividing the amount of tax that would be payable by the taxpayer under Part I of Schedule 1 upon a taxable income equal to his notional income by the number of whole dollars in that notional income. PART II—NON-RESIDENT TAXPAYERS For every $1 of the taxable income of a non-resident taxpayer deriving a notional income, as specified by section 59ab, 86 or 158d of the Assessment Act, the rate of tax is the amount ascertained by dividing the amount of tax that would be payable by the taxpayer under Part II of Schedule 1 upon a taxable income equal to his notional income by the number of whole dollars in that notional income. ———— SCHEDULE 4 Sub-section 7 (4) RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OR 99 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1982-83 PART I—RESIDENT BENEFICIARIES AND RESIDENT TRUST ESTATES 1\. In the case of a trustee who is liable to be assessed and to pay tax— (a) in pursuance of section 98 of the Assessment Act in respect of a share of a resident beneficiary of the net income of a trust estate; or (b) in pursuance of section 99 of the Assessment Act in respect of the net income or part of the net income of a resident trust estate, being the net income or part of the net income of the estate of a deceased person who died less than 3 years before the end of the year of income, the rate of tax in respect of that share of the net income or that net income or that part of that net income is the rate that would be payable under Part I of Schedule 1 or Part I of Schedule 3, as the case requires, if one individual were liable to be assessed and to pay tax on that income as his taxable income. SCHEDULE 4—continued 2\. In the case of a trustee who is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act in respect of the net income or part of the net income of a resident trust estate, other than income to which clause 1 applies, the rate of tax is the rate that would be payable under Part I of Schedule I or Part I of Schedule 3, as the case requires, in respect of a taxable income equal to that net income or that part of that net income if— (a) one individual were liable to be assessed and to pay tax on that income; and (b) the reference in column 1 of the table in Part I of Schedule 1 to the part of the taxable income that exceeds $4,462 but does not exceed $17,894 were a reference to the part of the taxable income that does not exceed $17,894. PART II—NON-RESIDENT BENEFICIARIES AND NON-RESIDENT TRUST ESTATES 1. In the case of a trustee who is liable to be assessed and to pay tax— (a) in pursuance of section 98 of the Assessment Act in respect of a share of a non-resident beneficiary of the net income of a trust estate; or (b) in pursuance of section 99 of the Assessment Act in respect of the net income or part of the net income of a non-resident trust estate, being the net income or part of the net income of the estate of a deceased person who died less than 3 years before the end of the year of income, the rate of tax in respect of that share of the net income or that net income or that part of that net income is the rate that would be payable under Part II of Schedule 1 or Part II of Schedule 3, as the case requires, if one individual were liable to be assessed and to pay tax on that income as his taxable income. 2\. In the case of a trustee who is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act in respect of the net income or part of the net income of a non-resident trust estate, other than income to which clause I applies, the rate of tax is the rate that would be payable under Part II of Schedule 1 or Part II of Schedule 3, as the case requires, in respect of a taxable income equal to that net income or that part of that net income if— (a) one individual were liable to be assessed and to pay tax on that income; and (b) the reference in column 1 of the table in Part II of Schedule 1 to the part of the taxable income that exceeds $585 but does not exceed $17,894 were a reference to the part of the taxable income that does not exceed $17,894. ———— SCHEDULE 5 Sub-sections 8 (1) and 10 (1) RATES OF TAX PAYABLE ON ELIGIBLE TAXABLE INCOME—FINANCIAL YEAR 1982-83 PART I—RESIDENT TAXPAYERS The rates of tax payable by a resident taxpayer whose eligible taxable income for the purposes of Division 6aa of Part III of the Assessment Act exceeds $1,040 are— (a) in respect of that part (in this Part referred to as the “relevant part”) of the taxable income of the taxpayer other than the eligible taxable income of the taxpayer—the rates that would be payable under Part I of Schedule 1 or Part I of Schedule 3, as the case requires, if the relevant part of that taxable income were the taxable income of the taxpayer; and (b) in respect of the eligible taxable income of the taxpayer— (i) in a case where the taxable income of the taxpayer does not exceed $35,788—46%; (ii) in a case where the taxable income of the taxpayer exceeds $35,788 but the relevant part of the taxable income of the taxpayer is less than $35,788— (A) in respect of so much of the eligible taxable income of the taxpayer as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of the taxable income of the taxpayer—46%; and (B) in respect of the remainder of the eligible taxable income of the taxpayer—60%; and (iii) in any other case—60%. SCHEDULE 5—continued PART II—NON-RESIDENT TAXPAYERS The rates of tax payable by a non-resident taxpayer whose eligible taxable income for the purposes of Division 6aa of Part 111 of the Assessment Act exceeds $136 are— (a) in respect of that part (in this Part referred to as the “relevant part”) of the taxable income of the taxpayer other than the eligible taxable income of the taxpayer—the rates that would be payable under Part II of Schedule 1 or Part II of Schedule 3, as the case requires, if the relevant part of that taxable income were the taxable income of the taxpayer; and (b) in respect of the eligible taxable income of the taxpayer— (i) in a case where the taxable income of the taxpayer does not exceed $35,788—46%; (ii) in a case where the taxable income of the taxpayer exceeds $35,788 but the relevant part of the taxable income of the taxpayer is less than $35,788— (a) in respect of so much of the eligible taxable income of the taxpayer as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of the taxable income of the taxpayer—46%; and (b) in respect of the remainder of the eligible taxable income of the taxpayer—60%; and (iii) in any other case—60%. ————— SCHEDULE 6 Sub-sections 8 (3), 8 (4), 10 (3) and 10 (4) RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OF THE ASSESSMENT ACT WHERE DIVISION 6aa OF PART III OF THAT ACT APPLIES—FINANCIAL YEAR 1982-83 PART I—RESIDENT BENEFICIARIES The rates of tax payable by a trustee of a trust estate in pursuance of section 98 of the Assessment Act in respect of a share of a resident beneficiary of the net income of the trust estate where Division 6aa of Part III of that Act applies to a part (in this Part referred to as the “eligible part”) of that share are— (a) in respect of the part (in this Part referred to as the “relevant part”) of that share other than the eligible part of that share—the rates that would be payable under Part I of Schedule 1 or Part I of Schedule 3, as the case requires, in respect of a taxable income equal to the relevant part of that share if one individual were liable to be assessed and to pay tax on that income; and (b) in respect of the eligible part of that share— (i) in a case where that share does not exceed $35,788—46%; (ii) in a case where that share exceeds $35,788 but the relevant part of that share is less than $35,788— (a) in respect of so much of the eligible part of that share as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of that share—46%; and (b) in respect of the remainder of the eligible part of that share—60%; and (iii) in any other case—60%. PART II—NON-RESIDENT BENEFICIARIES The rates of tax payable by a trustee of a trust estate in pursuance of section 98 of the Assessment Act in respect of a share of a non-resident beneficiary of the net income of the trust estate where Division 6aa of Part 111 of that Act applies to a part (in this Part referred to as the “eligible part”) of that share are— (a) in respect of the part (in this Part referred to as the “relevant part”) of that share other than the eligible part of that share—the rates that would be payable under Part II of Schedule 1 or Part II of Schedule 3, as the case requires, in respect of a taxable income equal to the relevant SCHEDULE 6—continued part of that share if one individual were liable to be assessed and to pay tax on that income; and (b) in respect of the eligible part of that share— (i) in a case where that share does not exceed $35,788—46%; (ii) in a case where that share exceeds $35,788 but the relevant part of that share is less than $35,788— (a) in respect of so much of the eligible part of that share as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of that share—46%; and (b) in respect of the remainder of the eligible part of that share—60%; and (iii) in any other case—60%. ——— SCHEDULE 7 Sub-section 13 (1) GENERAL RATES OF TAX—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS PART I—RESIDENT TAXPAYERS The rate of tax in respect of each part of the taxable income of a resident taxpayer specified in column 1 of the following table is: (a) if a rate is set out in column 2 of that table opposite to the reference to that part of the taxable income but a rate is not set out in column 3 of that table opposite to that reference—the rate so set out in column 2; and (b) in any other case—the sum of the rate set out in column 2 and the rate set out in column 3 of that table opposite to the reference to that part of the taxable income: | Column 1 | Column 2 | Column 3 | | -------------------------------------------------- | ------------------------------- | --------------------------- | | Parts of Taxable Income | Rate per centum (standard rate) | Rate per centum (surcharge) | | The part of the taxable income that— | | | | exceeds $4,595 but does not exceed $19,500........ | 30 | Nil | | exceeds $19,500 but does not exceed $35,788....... | 30 | 16 | | exceeds $35,788.......................... | 30 | 30 | PART II—NON-RESIDENT TAXPAYERS The rate of tax in respect of each part of the taxable income of a non-resident taxpayer specified in column 1 of the following table is: (a) if a rate is set out in column 2 of that table opposite to the reference to that part of the taxable income but a rate is not set out in column 3 of that table opposite to that reference—the rate so set out in column 2; and (b) in any other case—the sum of the rate set out in column 2 and the rate set out in column 3 of that table opposite to the reference to that part of the taxable income: | Column 1 | Column 2 | Column 3 | | -------------------------------------------------- | ------------------------------- | --------------------------- | | Parts of Taxable Income | Rate per centum (standard rate) | Rate per centum (surcharge) | | The part of the taxable income that— | | | | does not exceed $19,500..................... | 30 | Nil | | exceeds $19,500 but does not exceed $35,788....... | 30 | 16 | | exceeds $35,788.......................... | 30 | 30 | ——— SCHEDULE 8 Sub-section 13 (2) NOTIONAL RATES FOR THE PURPOSES OF SECTION 156 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS PART I—RESIDENT TAXPAYERS, RESIDENT BENEFICIARIES AND RESIDENT TRUST ESTATES Division 1—Normal Notional Rate 1\. This Division applies to the income of a resident taxpayer, other than income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act, if Division 16 of Part 111 of the Assessment Act applies in relation to that income. 2\. The notional rate in respect of income to which this Division applies is, for every $1 of the taxable income, the amount ascertained by determining the tax that would be payable if the rates set out in Part I of Schedule 7 were applied to a taxable income equal to the taxpayer’s average income and dividing the resultant amount by a number equal to the number of whole dollars in that average income: Division 2—Notional Rates in respect of Certain Trust Income 1\. This Division applies— (a) to a share of a resident beneficiary of the net income of a trust estate, if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act in respect of that share; and (ii) Division 16 of Part 111 of the Assessment Act applies in relation to that share; and (b) to the net income or a part of the net income of a resident trust estate, if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act in respect of that net income or that part of that net income of the trust estate; and (ii) Division 16 of Part III of the Assessment Act applies in relation to that net income or that part of that net income. 2\. The notional rate in respect of income to which this Part applies is— (a) in a case where the income is— (i) a share of the net income of a trust estate in respect of which the trustee is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act; or (ii) the net income or a part of the net income of a trust estate in respect of which the trustee is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act, being the net income or a part of the net income of the estate of a deceased person who died less than 3 years before the end of the year of income, the rate that would be calculated in accordance with Division I if that income were the taxable income of one individual and were not income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act; and (b) in any other case—the rate that would be calculated in accordance with Division 1 in respect of a taxable income equal to the income if— (i) that income were the taxable income of one individual and were not income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act; and (ii) the reference in column 1 of the table in Part I of Schedule 7 to the part of the taxable income that exceeds $4,595 but does not exceed $19,500 were a reference to the part of the taxable income that does not exceed $19,500. SCHEDULE 8—continued PART II—NON-RESIDENT TAXPAYERS, NON-RESIDENT BENEFICIARIES AND NON-RESIDENT TRUST ESTATES Division 1—Normal Notional Rate 1\. This Division applies to the income of a non-resident taxpayer, other than income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act, if Division 16 of Part III of the Assessment Act applies in relation to that income. 2\. The notional rate in respect of income to which this Division applies is, for every $1 of the taxable income, the amount ascertained by determining the tax that would be payable if the rates set out in Part II of Schedule 7 were applied to a taxable income equal to the taxpayer’s average income and dividing the resultant amount by a number equal to the number of whole dollars in that average income. Division 2—Notional Rates in respect of Certain Trust Income 1\. This Division applies— (a) to a share of a non-resident beneficiary of the net income of a trust estate if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 98 of the Assessment Act in respect of that share; and (ii) Division 16 of Part III of the Assessment Act applies in relation to that share; and (b) to the net income or a part of the net income of a non-resident trust estate if— (i) the trustee of the trust estate is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act in respect of that net income or that part of that net income of the trust estate; and (ii) Division 16 of Part III of the Assessment Act applies in relation to that net income or that part of that net income. 2\. The notional rate in respect of income to which this Division applies is the rate that would be calculated in accordance with Division 1 in respect of a taxable income equal to the income if that income were the taxable income of one individual and were not income in respect of which a trustee is liable to be assessed and to pay tax in pursuance of section 98 or 99 of the Assessment Act. ———— SCHEDULE 9 Sub-section 13 (3) RATES OF TAX BY REFERENCE TO A NOTIONAL INCOME—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS PART I—RESIDENT TAXPAYERS For every $ 1 of the taxable income of a resident taxpayer deriving a notional income, as specified by section 59ab 86 or 158d of the Assessment Act, the rate of tax is the amount ascertained by dividing the amount of tax that would be payable by the taxpayer under Part I of Schedule 7 upon a taxable income equal to his notional income by the number of whole dollars in that notional income.. PART II—NON-RESIDENT TAXPAYERS For every $1 of the taxable income of a non-resident taxpayer deriving a notional income, as specified by section 59ab 86 or 158d of the Assessment Act, the rate of tax is the amount ascertained by dividing the amount of tax that would be payable by the taxpayer under Part II of Schedule 7 upon a taxable income equal to his notional income by the number of whole dollars in that notional income. ———— SCHEDULE 10 Sub-section 13 (4) RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OR 99 OF THE ASSESSMENT ACT—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS PART I—RESIDENT BENEFICIARIES AND RESIDENT TRUST ESTATES 1\. In the case of a trustee who is liable to be assessed and to pay tax— (a) in pursuance of section 98 of the Assessment Act in respect of a share of a resident beneficiary of the net income of a trust estate; or (b) in pursuance of section 99 of the Assessment Act in respect of the net income or part of the net income of a resident trust estate, being the net income or part of the net income of the estate of a deceased person who died less than 3 years before the end of the year of income, the rate of tax in respect of that share of the net income or that net income or that part of that net income is the rate that would be payable under Part I of Schedule 7 or Part I of Schedule 9, as the case requires, if one individual were liable to be assessed and to pay tax on that income as his taxable income. 2\. In the case of a trustee who is liable to be assessed and to pay tax in pursuance of section 99 of the Assessment Act in respect of the net income or part of the net income of a resident trust estate, other than income to which clause 1 applies, the rate of tax is the rate that would be payable under Part I of Schedule 7 or Part 1 of Schedule 9, as the case requires, in respect of a taxable income equal to that net income or that part of the net income if— (a) one individual were liable to be assessed and to pay tax on that income; and (b) the reference in column I of the table in Part I of Schedule 7 to the part of the taxable income that exceeds $4,595 but does not exceed $19,500 were a reference to the part of the taxable income that does not exceed $19,500. PART II—NON-RESIDENT BENEFICIARIES AND NON-RESIDENT TRUST ESTATES In the case of a trustee who is liable to be assessed and to pay tax— (a) in pursuance of section 98 of the Assessment Act in respect of a share of a non-resident beneficiary of the net income of a trust estate; or (b) in pursuance of section 99 of the Assessment Act in respect of the net income or part of the net income of a non-resident trust estate, the rate of tax in respect of that share of the net income or that net income or that part of that net income is the rate that would be payable under Part II of Schedule 7 or Part II of Schedule 9, as the case requires, if one individual were liable to be assessed and to pay tax on that income as his taxable income. ———— SCHEDULE 11 Sub-sections 14 (1) and 16 (1) RATES OF TAX PAYABLE ON ELIGIBLE TAXABLE INCOME—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS PART I—RESIDENT TAXPAYERS The rates of tax payable by a resident taxpayer whose eligible taxable income for the purposes of Division 6aaof Part III of the Assessment Act exceeds $1,040 are— (a) in respect of that part (in this Part referred to as the “relevant part”) of the taxable income of the taxpayer other than the eligible taxable income of the taxpayer—the rates that would be payable under Part 1 of Schedule 7 or Part I of Schedule 9, as the case requires, if the relevant part of that taxable income were the taxable income of the taxpayer; and (b) in respect of the eligible taxable income of the taxpayer— (i) in a case where the taxable income of the taxpayer does not exceed $35,788—46%; SCHEDULE 11—continued (ii) in a case where the taxable income of the taxpayer exceeds $35,788 but the relevant part of the taxable income of the taxpayer is less than $35,788— (a) in respect of so much of the eligible taxable income of the taxpayer as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of the taxable income of the taxpayer—46%; and (b) in respect of the remainder of the eligible taxable income of the taxpayer—60%; and (iii) in any other case—60%. PART II—NON-RESIDENT TAXPAYERS The rates of tax payable by a non-resident taxpayer who has an eligible taxable income for the purposes of Division 6aa of Part III of the Assessment Act are— (a) in respect of that part (in this Part referred to as the “relevant part”) of the taxable income of the taxpayer other than the eligible taxable income of the taxpayer—the rates that would be payable under Part II of Schedule 7 or Part II of Schedule 9, as the case requires, if the relevant part of that taxable income were the taxable income of the taxpayer; and (b) in respect of the eligible taxable income of the taxpayer— (i) in a case where the taxable income of the taxpayer does not exceed $35,788—46%; (ii) in a case where the taxable income of the taxpayer exceeds $35,788 but the relevant part of the taxable income of the taxpayer is less than $35,788— (a) in respect of so much of the eligible taxable income of the taxpayer as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of the taxable income of the taxpayer—46%; and (b) in respect of the remainder of the eligible taxable income of the taxpayer—60%; and (iii) in any other case—60%. ———— SCHEDULE 12 Sub-sections 14 (3), 14 (4) and 16 (3) RATES OF TAX PAYABLE BY A TRUSTEE IN PURSUANCE OF SECTION 98 OF THE ASSESSMENT ACT WHERE DIVISION 6aa OF PART III OF THAT ACT APPLIES—FINANCIAL YEAR 1983-84 AND SUBSEQUENT FINANCIAL YEARS PART I—RESIDENT BENEFICIARIES The rates of tax payable by a trustee of a trust estate in pursuance of section 98 of the Assessment Act in respect of a share of a resident beneficiary of the net income of the trust estate where Division 6aa of Part III of that Act applies to a part (in this Part referred to as the “eligible part”) of that share are— (a) in respect of the part (in this Part referred to as the “relevant part”) of that share other than the eligible part of that share— the rates that would be payable under Part 1 of Schedule 7 or Part I of Schedule 9, as the case requires, in respect of a taxable income equal to the relevant part of that share if one individual were liable to be assessed and to pay tax on that income; and (b) in respect of the eligible part of that share— (i) in a case where that share does not exceed $35,788—46%; (ii) in a case where that share exceeds $35,788 but the relevant part of that share is less than $35,788— (a) in respect of so much of the eligible part of that share as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of that share—46%; and (b) in respect of the remainder of the eligible part of that share 60%; and (iii) in any other case 60%. SCHEDULE 12—continued PART II—NON-RESIDENT BENEFICIARIES The rates of tax payable by a trustee of a trust estate in pursuance of section 98 of the Assessment Act in respect of a share of a non-resident beneficiary of the net income of the trust estate where Division 6aa of Part III of that Act applies to a part (in this Part referred to as the “eligible part”) of that share are— (a) in respect of the part (in this Part referred to as the “relevant part”) of that share other than the eligible part of that share—the rates that would be payable under Part II of Schedule 7 or Part II of Schedule 9, as the case requires, in respect of a taxable income equal to the relevant part of that share if one individual were liable to be assessed and to pay tax on that income: and (b) in respect of the eligible part of that share— (i) in a case where that share does not exceed $35,788—46%; (ii) in a case where that share exceeds $35,788 but the relevant part of that share is less than $35,788— (a) in respect of so much of the eligible part of that share as is equal to the amount ascertained by deducting from $35,788 the amount of the relevant part of that share—46%; and (b) in respect of the remainder of the eligible part of that share—60%: and (iii) in any other case—60%.