Bills Digest no. 135 2005–06
Tax Laws Amendment
(Personal Tax Reduction and Improved Depreciation Arrangements)
Bill 2006
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Tax Laws Amendment (Personal Tax
Reduction and Improved Depreciation Arrangements) Bill
2006
Date introduced: 11 May 2006
House: House of
Representatives
Portfolio: Treasury
Commencement: The operative provisions of the Tax Laws Amendment
(Personal Tax Reduction and Improved Depreciation Arrangements)
Bill 2006 commence with Royal Assent. Schedule 1 and 3 commence
on 1 July 2006.
This Tax Laws Amendment (Personal Tax Reduction and Improved
Depreciation Arrangements) Bill 2006 (the Bill) has several
purposes:
- to reduce the personal income tax rates for 2006 07
- to increase the Low Income Tax Offset for 2006 07
- to decrease the amount of Medicare Levy paid by low income
senior Australians in 2006 07
- to increase deductions of the decline in value of depreciating
business assets under the diminishing value method from 10 May
2006, and
- to make other legislative changes related to the above
proposals.-
To achieve these purposes, the Bill amends the
following Acts:
- the Income Tax Rates Act 1986
- the Income Tax Assessment Act 1936 and the Income
Tax Assessment Act 1997
- the Fringe Benefits Tax Act 1986, and
- the Medicare Levy Act 1986.
Further changes, which follow on from the
proposed changes to the above legislation, will be made to a number
of other Acts.
Since the 2002 03 year, the government has enjoyed an
uninterrupted run of underlying budget surpluses. The following
table shows the past and projected surpluses between financial
years 2002-03 and 2009 10.
Table 1: Past and projected underlying budget surpluses
2002 03 to 2009 10.
|
Year
|
02 03
|
03 04
|
04 05
|
05-06
|
06-07
|
07-08
|
08 08
|
09-10
|
|
Budget Surplus $m
|
7
486
|
8
093
|
13
616
|
14
805
|
10
828
|
10
628
|
11
225
|
12
019
|
|
Per cent of GDP
|
1.0
|
1.0
|
1.5
|
1.5
|
1.1
|
1.0
|
1.0
|
1.0
|
Source: Budget Paper No. 1
2006 07, Table 1: Australian Government general sector receipts,
payments and underlying cash balance, p. 13-5.
The government s underlying cash surplus is the amount of
achieved or expected surplus excluding abnormal items, such as the
sale of government assets. It is the surplus on a business as usual
basis. As can be seen, Table 1 indicates that the government has
enjoyed substantial surpluses from which to fund past and current
reductions in personal income tax. Further, it expects to continue
to enjoy such surpluses.
Personal income tax rates have been declining since 2002 03. The
following table illustrates these changes, including the proposed
changes incorporated in this Bill.
Table 2: Marginal Personal Income Tax Rates 2002 03 to
2006 07.
|
Marginal Tax Rate % p.a.
|
2002 03 $ p.a.
|
2003 04 $ p.a.
|
2004 05 $ p.a.
|
2005 06 $ p.a.
|
2006 07 $ p.a.
|
|
0
|
0 6
000
|
0 6
000
|
0 6
000
|
0 6
000
|
0 6
000
|
|
15
|
|
|
|
6 001
21 600
|
6 001
25000
|
|
17
|
6 000
20 000
|
6 001
21 600
|
6 001
21 600
|
|
|
|
Marginal Tax Rate % p.a.
|
2002 03 $ p.a.
|
2003 04 $ p.a.
|
2004 05 $ p.a.
|
2005 06 $ p.a.
|
2006 07 $ p.a.
|
|
30
|
20 001
50 000
|
21 601
52 000
|
21 601
58 000
|
21 601
63 000
|
25 001
75 000
|
|
40
|
|
|
|
|
75 001
150 000
|
|
42
|
50 001
60 000
|
52 001
62 500
|
58 001-
70 000
|
63 001
95 000
|
|
|
45
|
|
|
|
|
150
000+
|
|
47
|
60
001+
|
62
501+
|
70
001+
|
95
001+
|
|
Source: Budget Paper No. 1, 2006 07, Table C1: Personal income
tax rates, p. 5-29.
The threshold at which the top marginal tax rate cuts in has
steadily increased, however, the threshold at which the lowest
marginal tax rate begins to apply have been increased twice during
this period.
The following table shows the amount of tax paid, at various
income levels, including the estimated impact of the altered
shade-in rates for the Medicare Levy at various income levels,
compared to the net tax paid in earlier years.
Table 3: Net tax paid at various income levels 2002 03
to 2006 07
|
Gross Income p.a.
|
2002-03
|
2003-04
|
2004-05
|
2005-06
|
2006-07
|
% Change 03 04 to 06
071)
|
% Change 05 06 to 06
072)
|
|
$10,000
|
$530
|
$530
|
$445
|
$365
|
$0
|
100%
|
100%
|
|
$20,000
|
$2,530
|
$2,530
|
$2,445
|
$2,165
|
$1,800
|
29%
|
17%
|
|
$30,000
|
$5,830
|
$5,622
|
$5,622
|
$5,310
|
$4,400
|
25%
|
17%
|
|
$40,000
|
$8,980
|
$8,772
|
$8,772
|
$8,460
|
$7,950
|
11%
|
6%
|
|
$50,000
|
$12,130
|
$11,922
|
$11,922
|
$11,610
|
$11,100
|
8%
|
4%
|
|
$60,000
|
$17,080
|
$16,632
|
$15,913
|
$15,360
|
$14,850
|
13%
|
3%
|
|
$70,000
|
$22,030
|
$21,457
|
$20,363
|
$19,450
|
$18,100
|
18%
|
7%
|
|
$80,000
|
$26,980
|
$26,407
|
$25,312
|
$23,900
|
$21,849
|
19%
|
9%
|
|
$90,000
|
$31,930
|
$31,357
|
$30,262
|
$28,350
|
$26,099
|
18%
|
8%
|
|
$100,000
|
$36,880
|
$36,307
|
$35,212
|
$33,050
|
$30,349
|
18%
|
8%
|
|
$110,000
|
$41,830
|
$41,257
|
$40,162
|
$38,000
|
$34,559
|
17%
|
9%
|
|
$120,000
|
$46,780
|
$46,207
|
$45,112
|
$42,950
|
$38,849
|
17%
|
10%
|
|
$130,000
|
$51,730
|
$51,157
|
$50,062
|
$47,900
|
$43,099
|
17%
|
10%
|
|
$140,000
|
$56,680
|
$56,107
|
$55,012
|
$52,850
|
$47,349
|
16%
|
10%
|
|
$150,000
|
$61,630
|
$61,057
|
$59,962
|
$57,800
|
$51,599
|
16%
|
11%
|
Source: Parliamentary Library
1) This column shows by how much, in percentage terms, the tax
burden for a person at these income levels has fallen since the
2002 03 financial year.
2) This column shows the change in income tax burden for taxpayers
at these income levels between 2005 06 and 2006 07.
These columns suggest that both lower and most middle income
earners have gained the greatest cumulative benefit of the cuts in
personal income tax since 2002-03. However, when the changes in tax
paid in 2005 06 and in 2006 07 are compared it is clear that the
very lowest and highest income earners have received the greatest
reductions in net tax paid in percentage terms.
The Low Income Tax Offset is increased at irregular intervals.
It was last increased for the 2003 04 year, from $150 to its
current level of $235. The income thresholds at which it cuts out
also increase at the same, irregular intervals. For example, for
the 2002 03 tax year the upper threshold was $24 450. For the 2003
04 tax year this threshold increased to $27 475.
The Bill increases the Low Income Tax Offset (or tax rebate)
from $235 to $600 per year and the threshold below which the full
rebate is paid is increased from $21 600 to $25 000 p.a. The
threshold above which this tax offset no longer applies has been
increased from $27 475 to $40 000. These changes apply to the 2006
07 financial year.
As a result of this change, those eligible for the full low
income tax offset will not pay tax until their annual income
exceeds $10 000 p.a. In 2005 06 those whose income was $7 567 or
below did not pay any tax due solely to this tax
offset.(1)
In contrast to changes in the Low Income Tax Offset, the
thresholds at which the Medicare Levy commences to be applied
increase annually in line with inflation. However, the rate at
which the Medicare Levy shades-in, to the full rate, has always
been $0.20 for every extra dollar over these particular thresholds.
The Bill decreases this shade-in rate from $0.20 above the lower
threshold in 2005 06 to $0.10 in 2006 07.
The government has announced that the lower thresholds will be
increased in 2005 06 to $16 284 for singles and $27 478 for
families.(2) However, a separate piece of legislation
implements these particular changes for families and singles.
This Bill will implement changes to the Medicare thresholds for
those qualified to also receive the Senior Australians Tax Offset.
This Bill increases the personal income threshold for senior
Australians from $21 968 in 2005 06 to $24 867 in 2006 07 for
Medicare Levy purposes. A senior Australian will not pay the Levy
if their personal taxable income is below this figure in 2006 07.
The Bill also raises the personal income threshold below which
senior Australians pay less than the full rate of Medicare Levy to
$29 255 in the same financial year.(3)
Certain low income aged persons, both pensioners and self-funded
retirees , are entitled to a special additional tax
offset.(4) This offset, officially described in the
legislation as the low income aged persons rebate, is generally
referred to as the Senior Australians Tax Offset (SATO). The
classes of person eligible to claim the offset are as follows:
- a taxpayer who, at some point during the income year: (a) is
eligible for a pension, allowance or benefit under the
Veterans' Entitlements Act 1986 (for 2005/06, 65 years for
men and above certain qualifying ages between 60.5 and 65 years for
women); (b) has reached veteran pension age under that Act (for
2005/06, 57.5 years for women and 60 years for men); and (c) is not
in gaol, or
- a taxpayer who, at some point during the income year: (a) is
qualified for an age pension under the Social Security Act
1991; and (b) is not in gaol.
This therefore includes: (a) persons who were eligible for a
veterans pension, allowance or benefit but did not receive it, eg
because of the assets or income tests; and (b) persons who did not
satisfy the residency criteria for an age pension but were eligible
for that pension on alternative grounds.(5)
Under the uniform capital allowance system,(6)
deductions from business income are available for the decline in
value of depreciating assets. Furthermore, specified expenditure
(eg software expenditure or low-cost depreciating assets) is pooled
and deductions are allowed for the decline in value of the pool. In
a number of cases, certain capital expenditure is deductible
immediately (eg mining exploration or prospecting expenditure,
landcare operations, environmental activities, mining site
rehabilitation expenditure). In the remaining cases, the
expenditure is deductible over the life of the asset (eg in the
case of depreciating assets, including primary production assets)
or over the life of the project to which the expenditure relates
(eg mining and other infrastructure projects).(7)
When reducing the value of business assets for tax purposes
business can use one of two methods:
- the prime cost method, or
- the diminishing value method.
Briefly, the prime cost method (sometimes known
as the straight line method) allows a business to reduce the value
of its business assets by a fixed amount each year. The diminishing
value method allows a business to reduce the value of its assets by
a variable amount each year. The following example illustrates the
difference between the two methods.
A depreciating asset costing $10 000 acquired on the first day
of Year 1 has an effective life of four years. The following table
shows the annual decline in value and adjustable values under the
prime cost (PC), diminishing value (DV)
and proposed DV, methods for comparison.
Table 4: Example of the decline in the value of business
assets using the prime cost and diminishing value
methods
| |
PC $
|
DV $
|
Proposed DV $
|
|
Cost
.....................................
|
10,000
|
10,000
|
10,000
|
|
Year 1 decline in value
.....................................
|
2,500
|
3,750
|
5,000
|
|
Opening adjustable value
.....................................
|
7,500
|
6,250
|
5,000
|
|
Year 2 decline in value
.....................................
|
2,500
|
2,344
|
2,500
|
|
Opening adjustable value
.....................................
|
5,000
|
3,906
|
2,500
|
|
Year 3 decline in value
.....................................
|
2,500
|
1,465
|
1,250
|
|
Opening adjustable value
.....................................
|
2,500
|
2,441
|
1,250
|
|
Year 4 decline in value
.....................................
|
2,500
|
915
|
625
|
|
Adjustable value
.....................................
|
nil
|
$1,526
|
625
|
Source: CCH 2006 Master Tax Guide and Parliamentary Library
Under the diminishing value method there is a balance (the
adjustable value at the end of Year 4) which has not been written
off. This amount can be further depreciated. If the asset is
scrapped, the adjustable value can be claimed as a business tax
deduction.(8)
The major change to business taxation was the increase in the
diminishing value rate, from 150 to 200 per cent, for the
calculation of the depreciation deduction for tax purposes. The
higher rate increases the amount of depreciation deduction
available in the first years of a business asset s effective life.
The effect of this change is illustrated in the Proposed DV column
in the above table. However, the amount of tax deductions due to
depreciation under the new rate is lower, than under the old rate,
or the PC method, in later years.(9)
The proposed new depreciation method will apply to assets a
taxpayer starts to hold under a contract concluded on or after 10
May 2006.
These personal income tax measures were first announced by the
Treasurer in his Budget speech on 9 May 2006.(10) The
business depreciation measures were announced in the Treasurer s
Press Release No. 41 on 9 May 2006.
The overall reaction from significant groups was to welcome the
changes to the personal income tax rates, but suggested that the
Government could do better.
The Australian Council of Social Services noted that low income
Australians had gained through adjustments to income tax and family
payment changes. However, they were hoping for greater investment
to provide more accessible and affordable
services.(11)
The Australian Council of Trade Unions (ACTU) noted that the
changes to the personal income tax system will mean very little to
the majority of low and middle income Australians. They note that
the recent reductions in personal income tax would be more than
used up paying for the recent increase in fuel prices and rises in
interest rates. The Council noted that the highest income earners
($200 000 a year plus) had gained the majority of the benefits from
cuts in personal income tax since 1996.(12)
The Australian Chamber of Commerce and Industry noted that the
changes to the personal income tax system were a good start on
further tax reform. But the Chamber was disappointed that there was
not further reform of the Capital Gains Tax and indexing the
personal income tax thresholds to increases in the Consumer Price
Index.(13)
The Business Council of Australia welcomed specific changes to
the personal tax system, considering that they should provide
additional incentives to work and save. However, it was
disappointed that the Budget did not provide a strategic approach
to further changes in the tax system.(14)
The same broad concerns were also expressed by the Business
Coalition for Tax Reform (the Coalition). The Coalition noted that
the proposed reforms (including the improvement in depreciation
allowance) would only return $4.2 billion to the corporate sector
over 4 years, when it was this sector that had provided a
substantial increase in the government s tax revenue. However, the
Coalition specifically welcomed the changes to the depreciation
rules for business assets.(15)
In general, the press commented favourably on the Bill s
proposed reductions in personal income tax. However, there are
several themes in the press response to the proposed changes
included in the Bill.
A number of commentators are concerned that the reductions in
personal income tax will contribute to an increase in inflation. In
turn, it is argued, this could contribute to upward pressure on
interest rates.(16) Other commentators have noted that
the overall effect of the Budget is to add only slightly to the
overall level of demand and that the current Governor of the
Reserve Bank of Australia, Ian Macfarlane, has stated that small
changes in the overall size of a budget surplus do not have an
impact on interest rate considerations.(17) The
resolution to this difference of opinion depends on how precisely
the tax cuts in this Bill are used, that is whether the money
available after the tax cuts is spent or saved by taxpayers.
Economists are uncertain about the possible effects in the current
economic circumstances.(18)
Another major theme in the press is that of lost opportunity.
Several commentators echoed the position of various business groups
outlined in the previous section, arguing that the proposed changes
did not amount to an overhaul of the tax system.(19)
Other commentators are concerned that the focus on tax cuts comes
at the expense of investment in human infrastructure, for example
through training to increase the supply of skilled workers or
investing in physical infrastructure and
research.(20)
Press reaction to the tax cuts was also concerned with their
size, especially in relation to recent increases in mortgage
interest rates and petrol prices. Some commentators noted that for
most taxpayers, the size of the weekly tax cut arising from changes
in this Bill would be eroded by increased fuel cost, mortgage rates
or by ongoing bracket creep , that is the movement of wages into
the next highest tax bracket.(21)
Some commentators note that the greatest benefits went to either
low or high income earners (though press commentary was far from
unanimous on this point).(22) This has led to
speculation of a further round of personal income tax cuts in the
2007 08 Budget.(23) It appears that further cuts in the
proposed highest marginal tax rate are
affordable.(24)
Initial press reaction to these proposed changes was positive,
especially for small to medium sized business. The changes were
considered to encourage new investment in plant and
equipment.(25) However, one commentator noted that the
proposed changes to the depreciation arrangements for business
assets will not have a decisive impact on business spending
decisions for largely bigger companies.(26)
Points in favour of the Bill s proposed reductions in personal
income tax rates may be:
- the redistribution of the proceeds of the increased tax
revenues
- increased disposable income of taxpayers
- increased incentives to undertake additional work or start new
business, thereby increasing productivity and employment
opportunities
- slightly decreased tax advantages from the negative gearing of
property, thereby putting less upward pressure on residential
property prices, and
- reduced reliance on personal income tax as a source of tax
revenue.
Increased rates of depreciation for business
assets may lead to increased rates of capital investment. As
Australia is not a low wage economy, increased capital investment
is necessary to remain competitive in world export markets.
The reduction in the shade-in rate for the
Medicare Levy for low income earners reduces the impact of this
Levy on the most vulnerable sector of the community.
The proposed changes in the personal income tax rates may:
- reduce the amount of revenue that the government could use in
other areas (see next point)
- reduce revenue flows at a time when the Budget is forecast to
slip into deficit due to the structural ageing of the population
(Table 5 below quantifies the size of the expected reductions in
revenue from all proposed measures in this Bill), and
- not be as preferable as increased investment in skills
formation, general education, health and/or infrastructure.
Some have argued that the distribution of the proposed
reductions in personal income tax flows disproportionately to high
income earners.(27) This approach is based on the point
that higher income earners generally receive a larger reduction in
their income tax paid, in dollar terms, than low income earners,
under the Bills proposed changes to personal income tax.
The Bill s proposed measures relating to accelerated
depreciation rates have been criticised for being insufficient to
allow manufactures and software firms to update their
equipment.(28)
In his address in reply the leader of the Opposition, the Hon
Kim Beazley MP stated:
I support the modest, overdue tax relief that
middle Australian families received in the budget. They will need
every cent of it, especially when they are facing the triple-whammy
of higher interest rates, higher petrol prices and extreme
industrial relations changes. So of course I welcome this tax break
for the families of middle Australia. But I make this point: no tax
cut can make up for your losing your penalty rates. No tax cut can
make up for your being unfairly dismissed. No tax cut can find you
extra time to spend with your family. And no tax cut will give back
the jobs that the Ballarat apprentice welders lost to Chinese
workers.
My point is this: sure, the government is offering
tax cuts, and I support them, but I will also deliver job security,
education and training, child care and nation building. That is my
pact with middle Australia because, like me, middle Australia is
asking: what else? Where is the down payment on the future? Where
is the investment in skills, in kids and in families? Where is the
vision that Australia needs the vision we need to build
prosperity?
This budget fails middle Australia and mortgages
our future. It has no plan to take pressure off interest rates. If
interest rates go up again, middle Australia knows who to blame the
Prime Minister. Prime Minister, if your failure to fix the skills
crisis forces interest rates up again, the buck stops with you. If
your failure to show national leadership on infrastructure forces
up interest rates up again, the buck stops with you. And if your
failure to turn around Australia s current account deficit forces
interest rates up again, the buck stops with
you.(29)
In a statement on the Budget Documents the Leader of the
Democrats in the Senate, Senator Lyn Allison, stated:
The Treasurer told the parliament on Tuesday night
that tax breaks would carry Australia into the next decade. The
Democrats are not convinced, and that is what I want to talk about
tonight. In our view, the Treasurer s budget comes from a vision of
Australia seen through the eyes of political strategists who cannot
and do not see beyond the next election. This budget is about votes
and not about nation building. In fact, there is very little by way
of planning in this budget for those who are not couples with one
or two high incomes, with 2.5 children at school or those not 60
and over with a generous nest egg on which to retire. This budget
has been prepared with little interest in fact in the social,
economic and environmental mess that is being left behind for the
next generation of Australians ..
I now turn to a core value of the coalition income
tax cuts. I understand that Australians will be grateful for tax
relief in the budget but they will surely be disappointed that
there is no strategic income tax reform plan. The Democrats and
economics commentators say that structural tax reform is essential
to a simpler, fairer and more transparent system. But Mr Costello
is the no plan tax man . He has only adjusted rates and thresholds
within the existing system something a well-programmed computer
could do with ease. The GST and the New Tax System took several
years of hard work to develop, and so it is with income tax
reform.
We say and we have been saying this for many years
that a structural tax reform plan must include raising the tax free
threshold so, at the very least, people with income below the
poverty line do not pay tax. Indexing the rates to account for
bracket creep is necessary as are broadening the tax base by
eliminating inequitable, inefficient and out-dated tax concessions,
and reforming the tax welfare intersects to encourage people to
move from welfare to work. If concessions were rationalised we
could perhaps eliminate the need for tax returns it is just an
idea. Why do we need to do this? It is because effective marginal
tax rates of up to 70 per cent apply to low-income earners right
now when they move from welfare to work, and this is just unfair.
No Australian should have to accept an effective marginal tax rate
greater much greater than the new top rate of 45 per cent. The no
plan tax man , in his largesse has just fiddled at the edges,
rewarding those on the highest incomes the most.(30)
Senator Christian Milne set the Australian Green Party s
position on the overall Budget in her speech of 11 May 2006. Though
not commenting specifically on the proposals in this Bill she noted
that reductions in revenue that would otherwise be received
restricts the Government s ability to deal with environmental and
social problems.(31)
The Leader of the Family First Party, Senator Fielding
stated:
Ordinary Australian families will be grateful for
whatever help they can get from this budget. At a time when they
are battling with high petrol prices and an increase in interest
rates, everything helps. But the fact is that ordinary Australian
families have not got as much help out of this budget as they could
have. For example, politicians have fared much better from the tax
cuts than the average Australian. I will get a tax cut of about $66
a week. But somebody earning $50,000 or $60,000 will get a tax cut
of just $10 a week. The government has also expanded access to the
large family supplement. Parents with three children and that
includes my wife, Sue, and I will now receive an extra $5 a week.
But that does not do much to fill the car or pay the mortgage. And
the Treasurer has to be kidding if he thinks $5 extra a week will
encourage families to have more children.
The government claims this is a budget for
families, but the big winners are the high-income earners. Can you
believe that a single person earning $100,000 a year with no
children gets twice as much as a two-income family on $100,000 with
two children? I quote from an article in the Financial
Review yesterday entitled At last, it s a win for the high
income earners . It said:
The changes mean the 2 per cent of taxpayers
earning more than $150,000 next financial year and paying the top
tax rate will save $6200 a year, or more than 12 times the $510
saving pocketed by average workers.
Another article in the Financial Review
reveals:
Even a single person on $70,000 a year will
receive $190 a year more in tax cuts than a dual-income family with
two children on the same income which starts to lose family tax
benefits once income reaches a certain level.
So much for putting families first.
Family First thinks there is a better way. For
example, consider a two-income, two-child family. One wage earner
is on $60,000 and the other is on $20,000. They have two cars a
Commodore and a Corolla and they fill up the tanks with petrol once
a week. If the government had adopted Family First s plan to cut
the petrol tax by 10c a litre, this family would have saved about
$13 a week in its petrol bill alone. This petrol tax cut would have
cost the government $3.8 billion. Instead, under the government s
plan, that family will get $16 a week in tax cuts. Yes, that is
just $3 more out of the government s package, but that will cost
about $9 billion a year for the next four years. However, under
Family First s proposal, the family could have had the $13 extra a
week, plus there would have been more than $5 billion left over for
income tax cuts. Clearly, the average Australian family would have
been better off under Family First s plan.(32)
The following tables, drawn from the Explanatory Memorandum to
the Bill, illustrate the projected financial impact of the proposed
changes.
Table 5: Combined Financial Cost of proposed measures in
the Bill
|
Year
|
2006 07
|
2007 08
|
2008 09
|
2009 10
|
|
Cost to Budget $ bn
|
-
6.9
|
-10.3
|
-11.1
|
-11.8
|
Source: Explanatory Memorandum to Tax Laws Amendment (Personal
Tax Reduction and Improved Depreciation Arrangements) Bill 2006,
pp. 3, 4.
The projected surpluses amounts noted in Table 1 above take
these figures into account. The overwhelming bulk of the expected
reductions in revenue come from reductions in personal income
tax.
Item 1 amends Schedule 1 of
the Income Tax Rates Act 1986 to implement the new tax
rates, and annual income thresholds for resident tax payers.
Resident tax payers receive the advantage of the tax free
threshold of $6 000 per annum and a lower marginal tax rate up to
$25 000 in annual income, compared with non-resident tax
payers.
- Item 2 makes the corresponding changes to the
Income Tax Rates Act 1986 for non-resident tax
payers.
For tax purposes only, a person is treated as a resident if:
- the person was a resident (generally spending more than half
the year in Australia, other definition also apply), or
- at any time during the income year or was in receipt of a
taxable Australian social security, military rehabilitation or
veterans' entitlement pension, benefit or compensation.
In any other case, the person is classed as a prescribed
non-resident.(33)
While non-resident individuals are generally exempt from the
Medicare levy, they generally cannot claim personal tax
offsets.(34)
This Part makes changes to a number of other
tax related Acts that flow from either changing the top marginal
tax rate from 47 to 45 per cent or altering the personal income tax
thresholds.
Schedule 2 amends the Fringe Benefits Tax
Act 1986.
Schedule 2 reduces the fringe benefits tax rate
from 48.5 to 46.5 per cent. This reduction is in line with the
reduction in the highest personal income tax rate from 47 to 45 per
cent and includes the Medicare Levy rate of 1.5 per cent.
Item 2 of this Schedule provides for this
change to commence on 1 April 2006. This is because the tax year,
for fringe benefits tax purposes, commences on 1 April each
year.(35)
Schedule 3 increases the Low Income Tax Offset
from $235 to $600 and increases the personal income thresholds
below which the full tax offset applies and above which no levy
applies, respectively.
Item 4 ensures that these changes apply to the
2006 07 and later tax years.
This schedule amends the Medicare Levy Act 1986.
Items 1 and 2 alter the
personal income thresholds for those entitled to Senior Australians
Tax Offset (SATO).
Items 3, 4 and
5 reduce the Medicare Levy shade in rage from
$0.20 for every dollar over specified personal income thresholds to
$0.10. These measures apply to all taxpayers.
Item 7 increases the upper Medicare Levy shade
in threshold (the threshold above which a reduced rate of Medicare
Levy is no longer payable) for those entitled to a SATO, from $31
729 to $33 500.
Item 8 provides for these changes to apply for
the 2006 07 and later years of income.
Schedule 5 amends the Income Tax Assessment
Act 1997.
Item 1 implements the new rate of depreciation,
under the diminishing value method, for business assets purchased
on or after 10 May 2006.
Item 2 implements the new rate of depreciation
(200 per cent) for pools of business assets relating to a specific
project commencing after 9 May 2006 projects.
Endnotes
- Budget Paper No. 2 of 2006 07, p. 24.
- ibid., p. 25.
- The Hon. Peter Costello MP, Treasurer, Explanatory Memorandum
to the Tax Laws Amendment (Personal Tax Reduction and Improved
Depreciation Arrangements) Bill 2006, 11 May 2006, p. 9.
- Section 160AAAA Income Tax Assessment Act 1936.
- CCH Australia (eds.), Australian Master Tax Guide 2006 , CCH
Australia, Sydney, 2006, Topic 15-142.
- Division 40 Income Tax Assessment Act 1997.
- CCH 2006, op. cit., Topic 17-000.
- ibid., Topic 17-500.
- See also, the Hon. Peter Costello MP, Treasurer, Improving
Australia s Depreciation Arrangements Attachment A Examples of how
increased diminishing value rate will affect tax depreciation
deductions , Press Release, 9 May 2006.
- The Hon. Peter Costello MP, Treasurer, Second Reading Speech:
Appropriation Bill No. 1 2006 2007 , House of Representatives,
Debates, 9 May 2006, p. 38.
- Australian Council of Social Services, ACOSS Response to the
Federal Budget 2006 , Media Release, 10 May 2006.
- Australian Council of Trade Unions, Budget Handouts Swallowed
Up by Rising Costs to Australia s Working Families , Media
Release, 9 May 2006.
- Australian Chamber of Commerce and Industry, Federal Budget
2006: Good Start on Tax Reform , Media Release, 9 May
2006.
- Business Council of Australia, Federal Budget A Good Start to
Tax Reform , Media Release, 9 May 2006.
- Business Coalition for Tax Reform, Budget 2007 A Good Start But
More Work To Be Done , Media Release, 9 May 2006.
- Alan Mitchell, If interest rates rise, you ll know who to blame
Australian Financial Review, 10 May 2006, p. 3;, and
Budget shifts rate balance , Australian Financial Review,
13 May 2006, p. 47;, Ross Gittins, Costello bumps accelerator
instead of the break , Sydney Morning Herald, 13 May 2006,
p. 42.
- Alan Wood, Tax cuts not part of blame game ,
Australian, 17 May 2006, p. 16;, Malcolm Maiden, RBA may
cope with big spend, for now , Age;, 10 May 2006, David
Uren, Spending spree won t raise rates , Australian, 11
May 2006, p. 4;, Terry McMrann, Cuts unleash media hysteria ,
Herald Sun, 11 May 2006, p. 31;, and Criticism as
unknowing as it was hysterical , Weekend Australian, p.
38.
- Matt Wade, Economists guessing how tax cuts to be used ,
Sydney Morning Herald, 12 May 2006, p. 6.
- Brian Toohey, It costs plenty but future ignored ,
Australian Financial Review, 13 May 2006, p. 63;, Neil
Warren, Courage, Treasurer , Australian, 11 May 2006, p.
12;, Tim Hughes, Time for real tax reform and investment ,
Courier Mail, 11 May 2006, p. 71.
- Editorial, Calculating budget the budget was good, but it
should have been great Australian, 10 May 2006, p. 25;,
Scott Murdoch, Tax cuts fail to invest in skills , Courier
Mail, 10 May 2005, p. 7;, Laura Tingle, Politically savvy, but
what a wast , Australian Financial Review, 12 May 2006, p.
83;, Michael Costello, Going down and taking us with them ,
Australian, 12 May 2006, p. 14;, Alex Millmow, What
happens when the flush bubble bursts? , Canberra Times, 12
May 2006, p. 13.
- Laura Tingle, Put a tax cut in your tank , Australian
Financial Review, 11 May 2006, p. 1;, Louise Dodson and John
Garnaut, Fears rate rise to wipe out tax cuts Sydney Morning
Herald, 11 May 2006, p. 1;, Elizabeth Colman, Bracket creep to
cut tax win , Australian, 15 May 2006, p. 2.
- Chanticleer, Budget unashamedly for the rich , Australian
Financial Review, 10 May 2006, p. 64;, Scott Murdoch, Cuts
ease the pain at top and bottom , Herald Sun, 10
May 2006, p. 2.
- Steve Lewis, More tax cuts on the way: Costello ,
Australian, 11 May 2006, p. 4;, Ross Gittins, Forget
middle Australia, It s the rich who get the most , Age, 10
May 2006, p. 19.
- George Megalogenis and Elizabeth Colman, Top tax cheap to
abolish , Weekend Australian, 13 May 2006, p. 1.
- Fiona Buffini and Elizabeth Kazi, Fast writ-off, more
investment , Australian Financial Review, 10 May 2006, p.
15;, Carin Pickworth, Big winners are smaller companies ,
Courier Mail, 15 May 2006, p. 41;, Elizabeth Colman and
Richard Gluyas, $4bn tax write-off cheered , Australian,
10 May 2006, p. 41.
- Andrew Trounson, Kevin Andusiak, Nigel Wilson and Andrew
Colley, Tax write-offs no magic bullet , Australian, 11
May 2006, p. 24.
- For example, Mike Stekette, Giving top earners a tax break just
widens the growing income gap , Australian, 10 May 2006,
p. 13;, Elizabeth Colman, Rich get richer from big tax cut ,
Weekend Australian, 13 May 2006, p. 53;, Ross Gittins,
Forget middle Australia, It s the rich who get the most ,
Age, 10 May 2006, p. 19.
- Andrew Trounson, Kevin Andusiak, Nigel Wilson and Andrew
Colley, Tax write-offs no magic bullet , Australian, 11
May 2006, p. 24.
- The Hon. Kim Beazley MP, Leader of the Opposition, Second
Reading Speech: Appropriation Bill No. 1 2006 2007 , House of
Representatives, Debates, 11 May 2006, p. 79.
- Senator Lyn Allison, Leader of the Australian Democrats, Budget
Statement and Documents , Senate, Debates, 11 May 2006, p.
82.
- Senator Christian Milne, Budget Statement and Documents ,
Senate, Debates, 11 May 2006, p. 86.
- Senator Stephen Fielding, Leader of the Family First Party,
Budget Statement and Documents , Senate, Debates, 11 May
2006, p. 90.
- CCH 2006, op. cit., Topic 2-120.
- ibid., Topic 22-000.
- Definition of year of tax in section 132, Fringe Benefits
Tax Assessment Act 1986.
Leslie Nielson
Economics, Commerce and Industrial Relations Section
22 May 2006
Bills Digest Service
Information and Research Services
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