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TRUST RECOUPMENT TAX ASSESSMENT ACT 1985 - NOTES

No. 9, 1985

Compilation No. 13

Compilation date:    21 October 2016

Includes amendments up to: Act No. 61, 2016

Registered:    24 October 2016

 

About this compilation

This compilation

This is a compilation of the Trust Recoupment Tax Assessment Act 1985 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Interpretation

4 Application of tax legislation

5 Primary taxable amounts

6 Secondary taxable amounts

7 Requests to eliminate trust recoupment tax on certain taxable amounts

8 Liability to pay trust recoupment tax

9 Reduction of liability where tax paid

10 Right of contribution and apportionment of liability

12 Penalty tax

13 Arrangements etc. to avoid operation of Act

14 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Trust Recoupment Tax Assessment Act 1985

9, 1985

5 Apr 1985

5 Apr 1985 (s 2)

 

Taxation Laws (Miscellaneous Provisions) Act 1986

109, 1986

4 Nov 1986

s 8 and Sch: 4 Nov 1986 (s 2)

s 8

Taxation Laws Amendment (Rates and Rebates) Act 1989

70, 1989

21 June 1989

s 9 and Sch: 21 June 1989 (s 2)

s 9

Taxation Laws Amendment Act (No. 3) 1991

216, 1991

24 Dec 1991

s 114 and Sch 4: 1 Mar 1992 (s 2(10) and gaz 1992, No GN7 )

s 114

Income Tax (Consequential Amendments) Act 1997

39, 1997

17 Apr 1997

Sch 3 (item 132): 1 July 1997 (s 2)

--

Taxation Laws Amendment Act (No. 3) 1999

11, 1999

31 Mar 1999

Sch 1 (item 395): 1 July 1999 (s 2(3))

--

A New Tax System (Tax Administration) Act (No. 1) 2000

44, 2000

3 May 2000

Sch 3 (item 72): 22 Dec 1999 (s 2(1))
Sch 3 (items 73, 74): 1 July 2000 (s 2(9))

Sch 3 (item 74)

Tax Laws Amendment (Personal Tax Reduction and Improved Depreciation Arrangements) Act 2006

55, 2006

19 June 2006

Sch 1 (items 31, 32(1)): 1 July 2006 (s 2(1) item 2)

Sch 1 (item 32(1))

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

101, 2006

14 Sept 2006

Sch 1 (items 1, 318), Sch 2 (items 996-1006) and Sch 6 (items  1, 6-11): 14 Sept 2006 (s 2(1) items 2, 4)

Sch 6 (items 1, 6-11)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Sch 4 (item 495): 4 July 2008 (s 2(1) item  64)

--

Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010

145, 2010

16 Dec 2010

Sch 2 (item 122): 17 Dec 2010 (s 2(1) item  2)

--

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 4 (item 39): 10 Dec 2015 (s 2(1) item 7)

--

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 1 (item 488): 21 Oct 2016 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

s 3.....................

am No 39, 1997; No 101, 2006

s 4.....................

am No 216, 1991; No 44, 2000; No 101, 2006; No 145, 2010

s 6.....................

am No 109, 1986; No 70, 1989; No 55, 2006

s 7.....................

am No 101, 2006

s 10....................

am No 101, 2006

s 11....................

rep No 11, 1999

s 12....................

am No 73, 2008; No 145, 2015

s 14....................

am No 61, 2016

 

 


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