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Commonwealth act
This Act is a bridging document — it manages the changeover from Australia's old income tax law (the Income Tax Assessment Act 1936) to the new one (the Income Tax Assessment Act 1997). Think of it as the instruction manual for switching between two different tax rulebooks, making sure nothing falls through the cracks and nobody gets taxed twice (or not at all) just because the law changed.
Practically every Australian taxpayer is touched by this Act, including:
The Act says: "Here's when the old rules stop applying and the new rules start." For most things, the new 1997 Act kicks in from the 1997–98 income year onwards.
High-income earners (individuals with taxable income over $180,000) had to pay an on top of their normal income tax for three financial years: 2014–15, 2015–16, and 2016–17. Importantly, you couldn't use most tax offsets (credits) to reduce this levy — only a limited foreign income tax offset applied.
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Direct links to the current provisions in Income Tax (Transitional Provisions) Act 1997.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
If you were entitled to claim a tax deduction under the old law and the new law for the same expense, you can only claim it once — under whichever rule fits best.
Documents that gave tax benefits under the old system (like approved charity registers, gift registers, occupational clothing registers, and emergency services endorsements) automatically continued to work under the new system — organisations didn't have to re-apply.
Special rules manage how to calculate taxable income when a leased car was acquired or disposed of under the old system but relevant events happen under the new system.
Losses from as far back as 1957–58 can still be claimed as deductions in later years, subject to specific ordering rules.
Rules prevent people from offsetting losses from hobby-style businesses (activities that aren't genuinely commercial) against their regular income.