Dividend Duties. (2.) Such summons shall be heard by a judge in chambers, who may decide the same on oral evidence or by affidavit, and may refer any questions of fact or any questions involving professional or technical knowledge to the determination of any other person. (3) The judge may, in his discretion, award costs to either party. case for opinion of Full Court. 31. The judge may state a case for the opinion of the Full Judge may state Court on any question of law.. The Full Court shall have power to deal with the costs of and incidental to the case. The decision of the court shall be final. 32. The obligation to pay and the right to receive and recover duty shall not be suspended by an appeal; but if the appellant succeeds, the amount (if any) of the duty received by the Commissioner of Taxation in excess of the amount which, according to the decision on such appeal, was properly payable, shall forthwith be repaid. 33. Right to recover by appeal. of 1918, s. 3. duty not suspended Amended by No. 22 The Governor may from time to time make such regu- Regulations. lations as may be necessary for prescribing the particulars to be given in any returns required to be made under this Act, and generally for carrying out the purposes of this Act. 34. 63 Vict., No. 6. The Companies Duty Act, 1899, is continued until the Continuation of thirty-first day of December, One thousand nine hundred and three, but only (a) for the recovery of duties accrued due thereunder at the commencement of this Act; and (b) in relation to dividends declared before the commencement of this Act, and for the recovery of the duties thereon; and (e) for the recovery of penalties in connection therewith. See No. 9 of 1903, 8. 2. information. Inserted by No. 22 35. It shall be lawful for the Commissioner of Taxation, Exchange of and he is hereby authorised to communicate any matter which may come to his knowledge in the administration of this Act of 1918, s. 12. to the Commissioner or Deputy Commissioners of Taxation for the Commonwealth of Australia, or to the Commissioner of Income Tax for any other State of the Commonwealth or any other person occupying a corresponding position in any such State with reference to the collection of duties: Interest on Western Inserted by No. 40 of 1918, s. 3. Increased duty to be payable on profits from 1st January, 1917. Duty increased by 15 per cent. Now numbered six. Deduction allowed for payments to charitable institutions, etc. Now numbered sir. Dividend Duties. Provided that this section shall not come into operation unless or until reciprocal authority to afford similar information to the Commissioner of Taxation in Western Australia has been duly conferred on the Commonwealth Commissioner of Taxation and his Deputy in Western Australia, or such other Commissioner of Taxation as the case may be. 36. Interest on Western Australian Government debentures, inscribed stock, and treasury bills or bonds received on and after the 1st day of July, 1917, by any company, shall be exempt from duty under this Act: Provided that such exemption shall not affect the duty payable under section eight by insurance companies on the amount of premiums received. By the Dividend Duties Act Amendment Act, 1918, it is enacted as fol lows: 13. (1.) Duty shall be payable on all profits made on and after the first day of July, One thousand nine hundred and seventeen, and in the case of insurance companies on all premiums received on and after that date at the increased rates as prescribed by the Act. (2.) In the case of companies which balance their accounts on some other day than the thirtieth day of June, duty at the prescribed rate shall, in re spect of the period from the first day of July, One thousand nine hundred and seventeen, to the next following balancing day, be payable on profits apportioned to that period in ratio to the whole of the profits made during the year ending with such balancing day. By the Dividend Duties Act Amendment Act, 1920, it is enacted as fol lows: 2. (1.) In addition to the duty payable under the principal Act and its amendments. by companies on the profits made or premiums received or charged in account by companies, on and after the 1st day of July, 1919, there shall be paid by every company to the Commissioner of Taxation, by way of increased duty, a sum equal to fifteen per centum of the amount of the duty imposed by the principal Act as amended prior to the commence ment of this Act. (2.) In the case of companies which are liable to duty on the profits made and which balance their accounts on some day other than the thirtieth day of June, the fifteen per centum increased duty shall, in respect of the period from the 1st day of July, 1919, to the next following balancing day, be payable on profits apportioned to that period in ratio to the whole of the profits made during the year ending with such balancing day: Provided that the duty rayable under an agreement made pursuant to subsection five of section seven* of the principai Act (inserted by the Act No. 30 of 1906, and amended by the Act No. 22 of 1918) shall be deemed duty payable on profits: Provided also that this Act shall not apply to life assurance companies. 3. In assessing the profits made by a company on the returns forwarded under section seven* of the principal Act, the Minister shall allow as a deduc tion therefrom any payment made by the company to the board or trustees of any charitable institution, incorporated or otherwise, or of a public park reserve, or of a university or public school, or of a library, art gallery museum, or other institution for public education, recreation, or enjoyment subsidised by the Government; provided that such payment is applied solely to such charitable or other public purpose. or By Authority: FRED, WM, SIMPSON, Government Printer, Perth. |