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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations implement the practical machinery for Australia’s federal income tax under the Income Tax Assessment Act 1922, setting filing and reporting rules, forms, income‑calculation categories, and payment methods that affect individuals, companies, trustees, agents and primary producers.
They also govern dispute and review procedures, valuation options for farmers’ natural increase, penalties for non‑compliance, and evidentiary and service rules—shaping how taxpayers comply with, contest, and how authorities enforce income tax obligations.
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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1927. No. 159.
REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1922-1927.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Income Tax Assessment Act 1922-1927, to come into operation forthwith.
Dated this 22th day of December 1927
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
for Treasurer.
Part i.—Introduction.
Short title.
These Regulations may be cited as the Income Tax Regulations.
The Income Tax Regulations 1922 (made by Statutory Rules 1923, No. 12), and any amendment thereof, as in force immediately preceding the date of the commencement of these Regulations, are repealed.
Parts.
Part I.—Introductory.
Part II.—Returns.
Part III.—Payment of Income Tax.
Part IV.—Objections.
Part V.—Reviews by a Board of Review.
Part VI.—Miscellaneous.
Definition.
“Financial Year” means a financial year as fixed by the Act.
“The Act” means the Income Tax Assessment Act 1922, as amended from time to time.
“Prescribed delegate of the Commissioner” means a person appointed by the Commissioner to be a prescribed delegate of the Commissioner for the purpose of these Regulations.
Part II.—Returns.
Signature of returns.
Penalty: Twenty pounds.
Returns to be in First Form except as otherwise provided.
Returns by companies.
(a) A Balance-sheet and Profit and Loss Account supporting the particulars in the return;
(b) A statement showing—
(i) the names and addresses of all shareholders to whom dividends or profits were credited, paid or distributed during the twelve months preceding the financial year for which income tax is payable; and
(ii) the amount (if any) of profits credited, paid or distributed to each shareholder during the twelve months preceding the financial year for which income tax is payable, whether or not the period covered by the company’s return differs from such financial year;
(c) A statement showing the amount paid or credited as interest to persons who are absentees in respect of debentures of the company used in Australia or on money lodged at interest in Australia with the company; and
(d) A statement showing—
(i) the total amount of the interest paid or credited by the company in respect of debentures payable to bearer, the names and addresses of the holders of which are not supplied to the Commissioner by the company;
(ii) the names and addresses of all holders of debentures payable to bearer which the company is in a position to furnish (whether absentees or residents in Australia), together with the amount of interest paid or credited to each of such persons during the twelve months preceding the financial year for which Income Tax is payable whether or not the period covered by the company’s return differs from such financial year.
(e) (If the return is the first return furnished by the company) notice of the appointment of the Public Officer of the company.
Return by partnerships.
Return to be made by senior active partner in Australia.
Separate returns to be furnished for partners.
10.—(1) Every partner in a partnership shall furnish a separate return of his total individual income (including income from the partnership and from other sources) in every case in which he would be required to furnish a return if the same total income had been derived by him from sources other than the partnership.
(2) The return shall state the income derived respectively from—
(a) the partnership; and
(b) from other sources.
Agent to furnish separate returns for each principal.
Partnership return by agent.
Where agent not sole agent.
Trustees.
14.—(1) Every return in respect of a trust estate shall be made and furnished by the Senior Active Trustee resident in Australia.
(2) When there is no trustee resident in Australia the return shall be made and furnished by the agent in Australia for the trustees.
Statement to be furnished by employers.
15.—(1) Every employer of labour shall, when called upon by the Commissioner either by general notice published in the Gazette or by direct notice to the employer, furnish to the Commissioner a statement showing:—
(a) the names and addresses of all persons employed by him during the period mentioned in the notice;
(b) the capacity in which each person was employed;
(c) the total amount paid to each person during that period; and
(d) the value of board residence or other allowance made to each person during that period.
(2) Each statement shall be furnished to the Commissioner at the place where under the Regulations the return of the employer is to be furnished, unless the Commissioner otherwise directs.
Special returns.
Substantially similar returns.
Balance-sheets to be furnished.
Lodging of returns.
19.—(1) Returns of income derived from sources wholly within one State shall be furnished to the Commissioner at the office of the Deputy Commissioner in that State.
(2) Returns of income derived from sources in Australia not wholly within any one State shall be furnished to the Commissioner at the head office of the Commissioner at Melbourne.
(3) Notwithstanding anything contained in this Regulation, returns of income derived by persons resident in the territory for the seat of government from sources within Australia shall be furnished to the Commissioner at his office in Canberra.
Source of dividends.
Lodging of returns when income partly of dividends.
Source of mortgage interest.
22.—(1) Income consisting of interest received under mortgage shall be deemed to have been derived from a source within the State in which the mortgaged property is situated.
(2) If the mortgaged property is situated in more than one State the income shall be deemed to have been derived from sources within more than one State.
Territories.
(a) the territory of Papua shall be deemed to be in the State of Queensland; and
(b) the Territories of North Australia & Central Australia shall be deemed to be a separate State.
When return deemed to be furnished.
(a) the proper form in accordance with these Regulations signed by the person making the return and containing a full true and complete statement of all matters and things required by the Act and Regulations, the Commissioner, and the form itself to be stated therein; and
(b) all balance-sheets, profit and loss accounts, statements, notices, and other documents which by the Act or the Regulations the Commissioner are required to accompany the return—
have at the place where under these Regulations the return is to be furnished, been received by an officer authorized by the Commissioner to receive returns.
Persons to take necessary steps for due lodging of return.
Address for service.
Notice of change of address.
Address deemed to be last known place of business or abode.
Failure to notify change of address.
Annotations on returns.
30.—(1) The Commissioner may cause or permit his officers to make on any return such marks, figures and annotations as the Commissioner thinks fit.
(2) The marks, figures and annotations shall be made in different coloured ink from the ink used in the return and shall be initialed by the officer making them.
Part III.—Payment of Income Tax.
How tax may be paid.
(a) by delivery of cash, bank notes, or cheques at the office of the Commissioner or of any Deputy Commissioner;
(b) by remitting the tax to the Commissioner or any Deputy Commissioner by bank draft, or cheque, or postal money order or postal note payable in the city to which the remittance is sent; or
(c) by depositing the net amount of the tax to the credit of the Commissioner or a Deputy Commissioner at any branch of the Commonwealth Bank of Australia.
Post office to be agent of remitter.
Payment by cheque.
Receipts to be issued.
Part payment of tax not to be accepted.
Postage to be prepaid.
Deficient postage.
Part IV.—Objections.
Form of objection.
38.—(1) An objection under section 50 of the Act to an assessment may be made in the Third Form in the Schedule.
(2) The objection shall be lodged with the Commissioner at the address from which notice of the assessment objected to was issued.
Part V.—Reviews by a Board of Review.
Amount of deposit to accompany request for review.
(a) the excess of the amount which, in accordance with the Commissioner’s decision, is the taxable income over the amount which, if the objection were wholly allowed, would be the taxable income;
(b) the excess of the amount by reference to which the rate of tax has been calculated for the purposes of sub-section (2) of section 13 of the Act over the amount by reference to which such rate would be calculated if the taxpayer’s claim were allowed;
(c) the excess of the amount of income upon which the taxpayer claims to be entitled to a rebate of tax (other than a rebate under section 30 of the Act) over the amount of income upon which the rebate has been allowed;
(d) fifteen per centum of the taxable income (where the claim is for a rebate of tax under section 30 of the Act);
(e) the sum or further sum determined by the Commissioner pursuant to sub-section (1) of section 21 of the Act;
(f) the income in question where the question is whether such income is derived from personal exertion or from property:
Provided that the maximum amount of deposit which shall accompany the written request of the taxpayer shall not, in any case, exceed Fifty pounds, and the minimum amount of deposit shall not be less than One pound.
Particulars to be supplied by Commissioner.
40.—(1) The Commissioner in referring a decision to a Board of Review in accordance with sub-section (1) of section 51 of the Act shall furnish the Board with printed or typewritten statements in quadruplicate, containing—
(a) the name and address of the taxpayer;
(b) full details of
This is an opening excerpt, not the complete document.