s 1-1Short title

This Act may be cited as the Income Tax Assessment Act 1997.

s 1-2Commencement

This Act commences on 1 July 1997.

s 1-3Differences in style not to affect meaning

(1)

This Act contains provisions of the Income Tax Assessment Act 1936 in a rewritten form.

(2)

If:

(a)

that Act expressed an idea in a particular form of words; and

(b)

this Act appears to have expressed the same idea in a different form of words in order to use a clearer or simpler style;

the ideas are not to be taken to be different just because different forms of words were used.

Note:

A public or private ruling about a provision of the Income Tax Assessment Act 1936 is taken also to be a ruling about the corresponding provision of this Act, so far as the 2 provisions express the same ideas: see section 357‑85 in Schedule 1 to the Taxation Administration Act 1953.

s 1-4Application

This Act extends to every external Territory referred to in the definition of Australia.

s 1-7Administration of this Act

The Commissioner has the general administration of this Act.

Note:

An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953.

s 2-1The design

This Act is designed to help you identify accurately and quickly the provisions that are relevant to your purpose in reading the income tax law.

The Act contains tables, diagrams and signposts to help you navigate your way.

You can start at Division 3 (What this Act is about) and follow the signposts as far into the Act as you need to go. You may also encounter signposts to several areas of the law that are relevant to you. Each one should be followed.

Sometimes they will lead down through several levels of detail. At each successive level, the rules are structured in a similar way. They will often be preceded by a Guide to the rules at that level. The rules themselves will usually deal first with the general or most common case and then with the more particular or special cases.

s 2-5The pyramid

This Act is arranged in a way that reflects the principle of moving from the general case to the particular.

In this respect, the conceptual structure of the Act is something like a pyramid. The pyramid shape illustrates the way the income tax law is organised, moving down from the central or core provisions at the top of the pyramid, to general rules of wide application and then to the more specialised topics.

Note: The Taxation Administration Act 1953 contains the provisions on collection and recovery of tax and provisions on administration.

s 2-10When defined terms are identified

(1)

Many of the terms used in the income tax law are defined.

(2)

Most defined terms in this Act are identified by an asterisk appearing at the start of the term: as in “*business”. The footnote that goes with the asterisk contains a signpost to the Dictionary definitions starting at section 995‑1.

s 2-15When terms are not identified

(1)

Once a defined term has been identified by an asterisk, later occurrences of the term in the same subsection are not usually asterisked.

(2)

Terms are not asterisked in the non‑operative material contained in this Act.

Note: The non‑operative material is described in Subdivision 2‑E.

(3)

The following basic terms used throughout the Act are not identified with an asterisk. They fall into 2 groups:

Key participants in the income tax system

Item	This term:	is defined in:
1.	Australian resident	section 995‑1
2.	Commissioner	section 995‑1
3.	company	section 995‑1
4.	entity	section 960‑100
4A.	foreign resident	section 995‑1
5.	individual	section 995‑1
6.	partnership	section 995‑1
7.	person	section 995‑1
8.	trustee	section 995‑1
9.	you	section 4‑5

Core concepts

Item	This term:	is defined in:
1.	amount	section 995‑1
2.	assessable income	Division 6
3.	assessment	section 995‑1
3A.	Australia	Subdivision 960‑T
4.	deduct, deduction	Division 8
5.	income tax	section 995‑1
6.	income year	section 995‑1
7.	taxable income	section 4‑15
8.	this Act	section 995‑1

Income Tax Assessment Act 1997

About this Act