Taxation Legislation (Miscellaneous Amendments and Repeal) Act 2002

4.   

The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .

5.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

6.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

7.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

8.   

The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .

9.   

The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .

10.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

11.    Section 46 substituted

Section 46 of the Principal Act is repealed and the following section is substituted:

46.   Transfers between trustees and custodians of superannuation funds or trusts

(1)  This section applies to the following dutiable transactions:

(a) a transfer of, or an agreement to transfer, dutiable property from a trustee of –

(i) a complying superannuation fund; or

(ii) a pooled superannuation trust; or

(iii) a fund or trust that, in the opinion of the trustees, will be a complying superannuation fund or a pooled superannuation trust within 12 months after the transfer takes effect –

to a custodian of the trustee of the fund or trust, where there is no change in the beneficial ownership of the property;

(b) a transfer of, or an agreement to transfer, dutiable property from a custodian of a trustee of –

(i) a complying superannuation fund; or

(ii) a pooled superannuation trust; or

(iii) a fund or trust that, in the opinion of the trustees, will be a complying superannuation fund or a pooled superannuation trust within 12 months after the transfer takes effect –

to a trustee of the fund or trust, where there is no change in the beneficial ownership of the property;

(c) a transfer of, or an agreement to transfer, dutiable property from a custodian of a trustee of –

(i) a complying superannuation fund; or

(ii) a pooled superannuation trust; or

(iii) a fund or trust that, in the opinion of the trustees, will be a complying superannuation fund or a pooled superannuation trust within 12 months after the transfer takes effect –

to another custodian of the trustee of the fund or trust, where there is no change in the beneficial ownership of the property.

(2)  The duty chargeable on a dutiable transaction to which this section applies is $20.

(3)  In this section,

complying superannuation fund includes a complying approved deposit fund and an eligible rollover fund.

13.   

The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .

14.   

The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .

15.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

16.   

The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .

17.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

18.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

19.   

The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .

20.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

21.   

The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .

23.   

The amendments effected by this section have been incorporated into the authorised version of the Land Tax Act 2000 .

24.   

The amendments effected by this section have been incorporated into the authorised version of the Land Tax Act 2000 .

25.   

The amendment effected by this section has been incorporated into the authorised version of the Land Tax Act 2000 .

26.   

The amendment effected by this section has been incorporated into the authorised version of the Land Tax Act 2000 .

28.    Section 2 amended (Interpretation)

Section 2 of the Principal Act is amended as follows:

(a) by omitting "collector; and" from paragraph (d) of the definition of wages in subsection (1) and substituting "collector;";

(b) by omitting "services –" from paragraph (e) of the definition of wages in subsection (1) and substituting "services; and";

(c) by inserting the following paragraph after paragraph (e) in the definition of wages in subsection (1) :

(f) a payment made in consequence of the retirement from, or termination of, any office or employment of an employee, being –

(i) a lump sum payment paid before or after that retirement or termination in respect of unused annual leave, or unused annual leave and a bonus, loading or other additional payment relating to that leave; or

(ii) an amount paid in respect of unused long service leave; or

(iii) so much of any eligible termination payment (within the meaning of section 27A of the Income Tax Assessment Act 1936 of the Commonwealth) paid or payable by an employer, whether or not paid to the employee or to any other person or body, that would be included in the assessable income of an employee under Subdivision AA of Division 2 of Part III of that Act if the whole of the eligible termination payment had been paid to the employee –

(d) by omitting subsection (2) and substituting the following subsection:

(2)  For the purposes of this Act, the value of taxable wages, comprising a fringe benefit, is the value that would be the fringe benefits taxable amount for the purposes of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth as amended and in force for the time being.

29.    Section 6 amended (Wages in respect of which liability to pay-roll tax is imposed)

Section 6 of the Principal Act is amended as follows:

(a) by omitting paragraph (a) from subsection (1) and substituting the following paragraph:

(a) are wages that are paid or payable in this State, not being so paid or payable in respect of –

(i) services performed or rendered wholly in one other State; or

(ii) subject to subsection (1AA) , services performed or rendered by a person wholly in another country for a continuous period of more than 6 months beginning on the day on which wages were first paid or payable to that person for services so performed or rendered; or

(b) by inserting the following subsection after subsection (1) :

(1AA)  Wages referred to in subsection (1)(a)(ii) are liable to pay-roll tax under this Act during the period of 6 months beginning on the day on which wages were first paid or payable for the relevant services.

30.    Section 7 amended (Imposition of pay-roll tax)

Section 7 of the Principal Act is amended by inserting after subsection (2B) the following subsection:

(2C)  If the Australian wages paid or payable by an employer for a month after June 2003 are more than $84 167 for that month, the rate of pay-roll tax payable for that month in respect of taxable wages included in those Australian wages is 6.10%.

31.    Section 11A amended (Annual adjustments)

Section 11A of the Principal Act is amended as follows:

(a) by inserting the following subsection after subsection (3A) :

(3B)  For any employer the annual amount of pay-roll tax payable under subsection (1) for a financial year commencing on or after 1 July 2003 is –

(a) if adjusted Australian wages for the year are $1 010 000 or less, nil; or

(b) if adjusted Australian wages for the year are more than $1 010 000, an amount ascertained by applying the rate of 6.10% to the difference between the total of the taxable wages paid or payable by the employer during that financial year and an amount calculated in accordance with the following formula:

(b) by omitting from subsection (3C) "subsections (3) and (3A)" and substituting " subsections (3) , (3A) and (3B) ".

33.   

The amendment effected by this section has been incorporated into the authorised version of the Taxation Administration Act 1997 .

34.   

The amendments effected by this section have been incorporated into the authorised version of the Taxation Administration Act 1997 .

35.   

The amendment effected by this section has been incorporated into the authorised version of the Taxation Administration Act 1997 .

36.   

The amendment effected by this section has been incorporated into the authorised version of the Taxation Administration Act 1997 .

37.   

The amendment effected by this section has been incorporated into the authorised version of the Taxation Administration Act 1997 .

38.   

The amendments effected by this section have been incorporated into the authorised version of the Taxation Administration Act 1997 .