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Supreme Court of NSW: Court membership; Judges sitting: Barwick CJ, McTiernan, Stephen JJ: Case opinions (2:1) A taxpayer may enter circumstances explicitly described by the Income Tax Assessment Act 1936 without attracting the anti-avoidance provisions of section 260, even if the purpose is a tax benefit gained.
University of New South Wales. Griffith, Gareth (1997). The Future of State Revenue: the High Court Decision in Ha and Hammond (PDF). Sydney: NSW Parliamentary Library Research Service. ISBN 0-7310-5994-8. ISSN 1325-5142. Halliday, Niel (1998). "Ha & Anor v State of New South Wales & Ors; Walter Hammond & Associates v State of New South Wales ...
In 1884, a general tax on income was introduced in South Australia, and in 1895 income tax was introduced in New South Wales at the rate of six pence in the pound, or 2.5%. [6] Federal income tax was first introduced in 1915, in order to help fund Australia's war effort in the First World War. [7]
Income tax is collected on behalf of the federal government by the Australian Taxation Office. The two statutes under which income tax is calculated are the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997; the former is gradually being re-written into the latter. Taxable income is the difference between assessable income ...
The Income Tax Act 1942, set high tax rates (i.e. that would reflect the combined current Commonwealth and State taxes) which made imposing State taxes unattractive or impossible. This was because the Income Tax Assessment Act 1942 required Commonwealth tax to be paid before State taxes. In effect, the scheme meant either the States had to ...
Australian tax returns for the tax year beginning 1 July and ending 30 June of the following year are generally due on 31 October after the end of the tax year. [ 1 ] Australian individual taxpayers can file their return online with the ATO's myTax software, by ordering a printed copy of the tax return form, or with the assistance of a tax agent.
The two cases were heard together, however the judgment in Baxter v Commissioners of Taxation (NSW) addressed the substantive issues. [1] The decision of the Privy Council in Webb v Outtrim had been followed by Murray DCJ in the NSW District Court, finding that Baxter was liable to pay NSW income tax in respect of his salary as a Customs officer
The Commissioner argued that income tax was a personal obligation that did not depend upon the source of the income being from the Commonwealth, the Income Tax Act 1895 was a valid Act in 1895 and did not become invalid as a result of the passage of the Constitution. [22]