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Income Tax

Sources of taxation law

Statute law

Such as ITAA36, ITAA97

Case law

Law created by the courts and Administrative Appeals Tribunal in interpreting Statutes

Practices of the ATO

Making legally binding rulings and determinations

Key concepts

Taxable income
equals assessable income less deductions

Assessable income
consists of ordinary income and Statutory income

Deductions
comprise general deductions and specific deductions

Income year
1 July to 30 June of the following year

Derivation of income
includes actual physical receipt and where an amount is applied or dealt with on the taxpayer’s behalf
e.g. interest credited to an account

Income Tax Terminology

Direct Taxes
  • Company tax

  • Personal income tax
Indirect Taxes
  • GST

  • Stamp Duty

  • Customs and Excise Duties

Australian taxation law

Constitutional power

S.51(ii) empowers the Commonwealth Government to impose income tax

Statutory power

Legislation enacted by the Commonwealth Parliament

Income tax legislation in the form of:
  • Income Tax Assessment Act 1936

  • Income Tax Assessment Act 1997

  • Various ancillary tax legislation
    • Medicare Levy Act 1986

    • Income Tax Rates Act 1986


Accounting methods

Cash basis
used by wage/salary earners and many business taxpayers

Accruals basis
used by business taxpayers