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LAWCOMM_403_long_notes.docx-CONTENTS Tips ......................................................................................................................................................................................... 4 Introducon ............................................................................................................................................................................
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LAWCOMM_403_long_notes.docx-CONTENTS Tips ......................................................................................................................................................................................... 4 Introducon ............................................................................................................................................................................
LAWCOMM 403 long notes.docx-CONTENT...
LAWCOMM_403_long_notes.docx-CONTENTS Tips ......................................................................................................................................................................................... 4 Introducon ............................................................................................................................................................................
Page 42
However, the liabilies are expressed in a high level of generality – you need to look at the rest of the
Act to find the detail
Example – Part B says you must pay tax on income, but to find the definion of “income”,
you need to go to Part C
o
Part C deals with what counts as income
o
Part D deals with what counts as deducble expenditure
PRELIMINARY PROVISIONS
The Act is called the Income Tax Act 2007 (
secon A 1
)
The Act came into force on 1 April 2008 (
secon A 2
)
PART A – PURPOSE AND INTERPRETATION
The main purposes of the Act are (
secon AA 1
):
o
To define net income and impose tax on it
o
To impose other obligaons concerning tax
Other obligaons might be for example, if you are an employer, you are obliged to pay tax on your
own income and to withhold PAYE tax on your employees’ income
o
To set out rules for calculang and paying tax
Example – the rule about deducons (deriving assessable income and is of a revenue nature)
Aids to interpretaon of the Act (
secon AA 2
)
o
Words prevail over diagrams, flowcharts etc.
o
Words mean what they are defined to mean
Definions
(
secon AA 3
)
o
Definions appear in Part Y
o
The main definions secon is secon YA 1, but there are also other definions secons scaered throughout
the Act
This Act binds the Crown (
secon AA 4
)
o
The Crown is bound for various reasons, such as tax refunds
PART B – CORE PROVISIONS
SUBPART BA – THE PURPOSE OF THE CORE PROVISIONS
The purpose of the core provisions is (
secon BA 1
):
o
to impose income tax, provisional tax, withholding liabilies and other obligaons concerning taxes;
Provisional tax is tax you pay that isn’t withheld (e.g. through PAYE) and you pay in advance rather
than at the end of the year – mainly contractors, landlords and companies (people who don’t have
someone that can withhold tax from their pay) pay provisional tax
Withholding liabilies are taxes that are withheld from income (e.g. PAYE, resident and non-resident
withholding tax)
o
to set out procedures for calculang and paying tax;
o
to provide a basis for applying the other Parts of the Act;
o
generally to set up the scheme of the Act and the main links between its Parts
SUBPART BB – INCOME TAX AND RESULTING OBLIGATIONS
Subpart BB contains the basic charging provision and also sets out some other basic rules.
The charging provision (
secon BB 1
)
o
“Income tax is imposed on taxable income, at the rate or rates of tax fixed by an
annual taxing Act
, and is
payable to the Crown under this Act and the Tax Administraon Act 1994.”
o
The rates of tax are set out in
Schedule 1
:
Rates for ordinary individuals (as of 1 April 2021):
$0 – $14,000
10.5%
$14,001 – $48,000
17.5%


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