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TAX LAWS AMENDMENT (2012 MEASURES NO. 6) ACT 2013 - SCHEDULE 8

Miscellaneous amendments

Part   1 -- Amendments of superannuation regulations

Retirement Savings Accounts Regulations   1997

1   Paragraph 4A.04(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account based pension".

2   Paragraph 4A.05(6A)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account based pension".

3   Paragraph 4A.08(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account based pension".

4   Subparagraph 4A.15(1)(b)(ii)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account based pension".

5   Paragraph 4A.18(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account based pension".

6   Paragraph 4A.27(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account based pension".

7   Paragraph 4A.28(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account based pension".

Superannuation Industry (Supervision) Regulations   1994

8   Paragraph 7A.03A(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

9   Paragraph 7A.03B(6A)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

10   Subparagraph 7A.03E(b)(i)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

11   Subparagraph 7A.04(1)(b)(ii)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

12   Paragraph 7A.07(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

13   Paragraph 7A.16(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

14   Subregulation   7A.16(4)

Omit "allocated pension or a market linked pension", substitute "allocated pension, market linked pension or account - based pension".

15   Paragraph 7A.17(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

16   Paragraph 7A.18(1)(b)

Omit "allocated pension or market linked pension", substitute "allocated pension, market linked pension or account - based pension".

Part   2 -- Other amendments of taxation laws

A New Tax System (Goods and Services Tax) Act 1999

17   Section   75 - 15

Repeal the section, substitute:

75 - 15   Subdivided real property

  (1)   This section applies if you make a * taxable supply of * real property that relates only to part of the land or premises in which you acquired an interest, unit or lease.

  (2)   In applying any of sections   75 - 10 to 75 - 14 in working out the * margin for the * taxable supply, use only the corresponding proportion of the following (as applicable):

  (a)   the * consideration for the acquisition or supply referred to in that section of that interest, unit or lease;

  (b)   an * approved valuation of that interest, unit or lease as at the day referred to in that section;

  (c)   the * GST inclusive market value of that interest, unit or lease as at the day or time referred to in that section.

Example 1:   If subsection   75 - 11(2) applies, use only the corresponding proportion of an approved valuation of your interest, unit or lease in the unsubdivided property as at 1   July 2000.

Example 2:   If subparagraph   75 - 11(5)(e)(ii) applies, use only the corresponding proportion of the consideration for the acquisition of the interest, unit or lease in the unsubdivided property by the entity that supplied it to you.

18   Section   195 - 1 (at the end of the definition of margin )

Add:

Note:   This meaning is affected by sections   75 - 12 to 75 - 15.

19   Application of amendments

(1)   The amendments made by items   17 and 1 8 apply in relation to taxable supplies made on or after the start of the first quarterly tax period starting on or after the commencement of those items.

(2)   For the purposes of subitem   ( 1), it does not matter whether quarterly tax periods are the tax periods that apply to you.

Fringe Benefits Tax Assessment Act 1986

20   At the end of subsection   132(1) (before the note)

Add:

Penalty:   30 penalty units.

21   At the end of subsection   132(2)

Add:

Penalty:   30 penalty units.

22   At the end of subsection   132(3)

Add:

Penalty:   30 penalty units.

23   Subsection   132(5) (penalty)

Repeal the penalty.

24   Subsection   132(5) (notes)

Repeal the notes.

25   At the end of section   132

Add:

  (6)   An offence under this section is an offence of strict liability.

Note 1:   For strict liability, see section   6.1 of the Criminal Code .

Note 2:   There is an administrative penalty if you do not keep or retain records as required by this section: see section   288 - 25 in Schedule   1 to the Taxation Administration Act 1953 .

Note 3:   See section   4AA of the Crimes Act 1914 for the current value of a penalty unit.

26   Application of amendment

  The amendment made by item   25 applies in relation to offences committed on or after the commencement of that item.

Income Tax Assessment Act 1997

27   Section   13 - 1 (table item headed "water")

Repeal the item.

28   Section   67 - 23 (table item   25)

Repeal the item.

29   Subsection   328 - 130(2) (example)

Omit "and trustees of the same trust".

30   Subsections   393 - 40(1) and (2)

Omit "within 12 months after the end of", substitute "before the last day of the 12 months after".

31   Application of amendments

(1)   The amendments made by item   30 apply to assessments for the 2010 - 11 income year and later income years.

(2)   Former subsection   393 - 37(1) in Schedule   2G to the Income Tax Assessment Act 1936 , as inserted by Part   1 of Schedule   1 to the Taxation Laws Amendment (Earlier Access to Farm Management Deposits) Act 2002 , is taken to always have applied as if the references in that former subsection to:

  (a)   within 12 months; and

  (b)   within the 12 months;

were references to before the last day of the 12 months.

(3)   Former subsections   393 - 37(1) and (2) in Schedule   2G to the Income Tax Assessment Act 1936 , as inserted by Part   2 of Schedule   1 to the Taxation Laws Amendment (Earlier Access to Farm Management Deposits) Act 2002 , are taken to always have applied as if the references in those former subsections to within the 12 months were references to before the last day of the 12 months.

32   Division   402

Repeal the Division.

Taxation Administration Act 1953

33   Section   45 - 630 in Schedule   1 (note 1)

Omit "income law", substitute "income tax law".

34   Subdivision   290 - A in Schedule   1 (heading)

Repeal the heading, substitute:

Subdivision   290 - A -- Preliminary

35   At the end of Subdivision   290 - A in Schedule   1

Add:

290 - 10   Extra - territorial application

    This Division extends to acts, omissions, matters and things outside Australia.

36   Application of amendment

The amendment made by item   35 applies in relation to acts, omissions, matters and things happening on or after the commencement of that item.

37   Subsection   355 - 70(1) in Schedule   1 (table item   3)

Omit "1   July 2013", substitute "1   July 2015".

Tax Laws Amendment (2009 Measures No.   2) Act 2009

38   Part   2 of Schedule   4

Repeal the Part.



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