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Law Internet Resources

Tax Law

This guide contains links to Internet resources and documents in the area of federal tax law, as well as providing links to other guides and directories which contain material on State and Territory and overseas law. More detailed guides are also provided for topics of current interest to the federal Parliament.

Legislation

Court and Tribunal decisions, law reports etc

Tax cases are heard primarily in the Administrative Appeals Tribunal, the Federal Court of Australia and the High Court of Australia. Their decisions may be found at the following sites

Key National Bodies

Key Publications

For further items, search the Parlinfo database and select Library for journal articles, books and library publications, and Media for newspaper articles and media releases. Although full text searchable, for copyright reasons some material on Parlinfo may be available only to those using the Parliament House computer network.

General

Journals

Government and Parliamentary reports etc

2007

2006

2005

2004

2003

1999

1998

1975

 

Links to Other Australian Sites (Pathfinders, Directories etc)

Overseas Sites

History of Tax Law

Milestones

Details

Source Documents
(All Acts are Commonwealth unless otherwise indicated)

1805 First import duties and charges levied in Australia to build a gaol and orphanage in Sydney Government and General Order, 10th March 1805, Historical Records of New South Wales, vol. 5, p. 569-570
1819 UK legislation provides retrospectively for the Governor to levy existing duties and to levy equivalent excise on production of spirits within the colony up to 10s a gallon Duties in New South Wales Act 1819, chapter 114, (UK)
1823 With the end of military government UK government gives the Governor (advised by Council) the power to tax, constrained by requirement of local purposes only Administration of Justice in New South Wales and Van Diemen's Land Act 1823, chapter 96, (UK)
1825 Proclamation dated 4 February 1825 levied duties on spirits and tobacco and ad valorem tariff of 5% on foreign goods Historical Records of Australia, series 1, vol. xi, p. 492-493
1851 NSW first introduces death duties. NSW levies probate and administration fees on the value of personal estate. Deceased Persons (Estates) Act 1851, no. 8 (NSW)
1852-3 Introduction of gold licence fee in NSW Gold Fields Act 1852, no. 43 (NSW)) and Victoria (Gold Fields) Act 1853 no. 4 (Vic)
1877 Land tax first imposed (in Victoria) to break up large holdings Land Tax Act 1877, no. 575 (Vic)
1880 First Australian income tax introduced with Tasmania's withholding tax on dividends, annuities and rents. By 1907 all States had introduced income tax. Real and Personal Estates Duties Act 1880 (43 Vict. no. 12) (Tas)
1884 First Australian general income tax and land tax based on unimproved value introduced in South Australia Taxation Act 1884, no. 323 (SA)
1894 Tasmania introduces general income tax Income Tax Act 1894, no. 16 (Tas)
1895 Victoria introduces general income tax Income Tax Act 1895, no. 1374 (Vic)
1901 Commonwealth of Australia established with Constitution giving the Commonwealth concurrent power with the states to levy taxes (section 51 (ii)) and exclusive power to impose duties of customs and excise (section 90). Uniform national tariff introduced (section 88)
Customs administration for duties on imports and exports and related matters established
Excise administration established for duties on manufactured goods





Customs Act 1901 no. 6

Excise Act 1901, no. 9
1902 Uniform rates of customs duties set by Commonwealth on various goods
sets rates of excise duties imposed on beer, spirits, starch, sugar and tobacco
Queensland introduces general income tax
Customs Tariff Act 1902 no. 14
Excise Tariff Act 1902 no. 11
(Income Tax Act 1902, no. 10 (Qld)
1903 WA introduces death duties on real and personal estates Administration Act 1903, no. 13 (WA)
1910 Commonwealth introduces land tax on unimproved values. Land Tax Office (predecessor of the Australian Taxation Office) established in November within the Dept of the Treasury to administer the tax
Commonwealth taxes private banknotes at prohibitive rates
Commonwealth provides for financial assistance to the states under section 96 of the Constitution (grants power)
Land Tax Act 1910 no. 21
Bank Notes Tax Act 1910 no. 14
Surplus Revenue Act 1910 no. 8
1914 Commonwealth imposes death duties (national estate and succession duty) Estate Duty Act 1914 no. 25; Estate Duty Assessment Act 1914, no. 22
1915 Commonwealth introduces personal income tax and tax on undistributed company profits (dividends). Name of Land Tax Office (est 1910) changed to Taxation Office to reflect wider responsibilities Income Tax Assessment Act 1915 no. 34
1916 Commonwealth entertainment tax introduced Entertainments Tax Act 1916, no. 38
1918 1/2d (halfpenny) war tax levied on postage stamps. The legislation was repealed in 1920 but the increase in postage remained Post and Telegraph Rates Act 1918, no. 24; Post and Telegraph Rates Act 1920, no. 27
1930 Commonwealth introduces 2.5% sales tax in August to offset fall in customs revenues Sales Tax Acts and Sales Tax Assessment Acts 1930 nos 25-42
1936 Unified Commonwealth and state income tax return introduced following recommendation of Fergusson Royal Commission (1932-34) Income Tax Assessment Act 1936 no. 27
1939 Gold tax introduced Gold Tax Act 1939 no. 52 and Gold Tax Collection Act 1939 no. 51
1941 War tax introduced
Pay-roll tax introduced to pay for child endowment
Gift duty introduced on disposition of property

1/2d (halfpenny) war tax levied on postage stamps. The legislation was repealed in 1949 but the increase in postage remained

War Tax Act 1941 no. 70
Pay-roll Tax Act 1941 no. 3 and Pay-roll Tax Assessment Act 1941 no. 2
Gift Duty Act 1941 no. 53 and Gift Duty Assessment Act 1941 no. 52
Post and Telegraph Rates Act 1941, no. 54; Post and Telegraph Rates Act 1949, no. 23
1942

Committee on Uniform Taxation (chair Richard C. Mills) recommends that the Commonwealth become the sole income taxing authority for the duration of the war.

System of uniform tax introduced by which grants to the states from the Commonwealth replaced state revenue from income tax and state income taxes no longer collected

Not tabled. Held in the Parliamentary Library

 

Income Tax Act 1942, no. 23

1944 Pay-as-you-earn (PAYE) tax system of periodic tax payments through the employer introduced for wage and salary earners by Commonwealth, with a provisional tax system introduced for non-wages and salary income Income Tax Assessment Act 1944, no. 3
1950 Income Tax Assessment Act 1936 retitled as Income Tax and Social Services Contribution Assessment Act 1936 Income Tax and Social Services Contribution Assessment Act 1950, no. 48
1950-1955 The Commonwealth Committee on Taxation makes over 35 reports on various aspects of tax reform. Most reports were tabled and were published in the Parliamentary Papers over a number of years. The Committee was chaired by E.S. Spooner and then by S.B. Holder. Information about the Committee, its reports and resulting legislation may be found in the 30th to 33rd annual reports of the Commissioner of Taxation, also published in the Parliamentary Papers Parliamentary Papers 1951-53 -- 1954-55
1952 Commonwealth land tax abolished in favour of states Land Tax Abolition Act 1952 no.81
1953 Entertainment tax abolished Entertainments Tax Abolition Act 1953 no. 39
1955 The Commonwealth Committee on Rates of Depreciation (chair: A.S. Hulme) recommends extension of depreciation allowances to buildings used as income, patent rights etc Parliamentary Papers 1954-55, vol. 4, pp. 733-759
1965  Income Tax and Social Services Contribution Assessment Act 1936  retitled as Income Tax Assessment Act 1936 Income Tax Assessment Act 1965, no. 103
1968 Name of Taxation Office changed to Commonwealth Taxation Office  
1971 Commonwealth passes payroll tax to states after they request access to income tax Pay-roll Tax (Termination of Commonwealth Tax) Act 1971 no. 76
1972 Name of Commonwealth Taxation Office changed to Australian Taxation Office  
1975 Commonwealth Taxation Review Committee. Full Report (Asprey Report)  recommends a broad based consumption tax etc  
1976 Queensland abolishes death and gift (estate) duties. Act takes effect from 1st January 1977. Other States follow.
Through a series of amendments from 1976-1980 to the Stamp Duties Act 1920, NSW abolishes death duties. The first amendment is the Stamp Duties (Amendment) Act 1975, no. 75 and the last is the Stamp Duties (Further Amendment) Act 1980, no. 161. Abolition takes effect on or after 31/12/1981.
Victoria abolishes death duties
Succession and Gift Duties Abolition Act 1976, no. 93 (Qld)




various Probate Duties Acts 1976-80 (Vic)
1978 Commonwealth abolishes death and gift duties to take effect from 1 July 1979

Tasmania abolishes death duties. Act is gradually applied during 1979 and 1980.

Western Australia abolishes death duties
Estate Duty Amendment Act 1978, no. 23 and Gift Duty Amendment Act 1978, no. 25
Deceased Persons' Estates Duties (No. 2) Act 1978 (no. 49) (Tas.)
(Death Duty Act Amendment Act 1978, no. 61 (WA)
1979 South Australia abolishes death and gift duties (to take effect from 1st January 1980) Gift Duty Act Amendment Act 1979 (no. 63) (SA)
1981 Personal income tax indexation abolished Income Tax (Assessment and Rates) Amendment Act 1981, no. 109
1984 Medicare levy introduced 1st February 1984 Medicare Levy Act 1983, no. 52
1986 Capital gains tax introduced


Fringe benefits tax introduced
Income Tax Assessment Amendment (Capital Gains) Act 1986, no. 52
Fringe Benefits Tax Assessment Act 1986, no. 39
1987 Commonwealth introduces Resources Rent Tax (RRT) on offshore 'greenfields' petroleum projects Petroleum Resource Rent Tax Assessment Act 1987, no. 142
1997 Governments tries to 'simplify' the Income Tax Assessment Act 1936 by introducing a new act of the same name and rewriting the provisions. Both acts remain in force and must be referred to Income Tax Assessment Act 1997, no. 38
1999-2000 A 10% Goods and Services Tax was introduced gradually replacing various taxes such as sales tax. About 30 related Acts also passed (nos 56-86 of 1999). Most Acts commenced on 1 July 2000 A New Tax System (Goods and Services Tax) Act 1999, no. 55
2006 Major law reform initiative results in repeal of 68 redundant tax acts and amendments to several acts Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006, no. 101
2008 Review Panel on Australia's Future Tax System (chair K. Henry) looks into comprehensive reform of the tax system
 

Histories and Chronologies of Tax Law used as Source Material

  • Australian tax history (Australian Taxation Office)
  • A Short history of taxation in Australia (S. Gibson, from Australian Marxist Review, no. 41, November 1999)
  • The GST debate (J. Harrison and M. Stretton)
    A detailed chronology covering events from 1975-1999
  • Taxing popularity: the story of taxation in Australia (J.P. Smith). Canberra : ANU Federalism Research Centre, 1993 [not available electronically]

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