Part 1-2—A Guide to this Act

Division 2—How to use this Act

Table of Subdivisions

2-A How to find your way around

2-B How the Act is arranged

2-C How to identify defined terms and find the definitions

2-D The numbering system

2-E Status of Guides and other non-operative material

Subdivision 2-A—How to find your way around

2-1 The 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.

Subdivision 2-B—How the Act is arranged

2-5 The 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.

 

Subdivision 2-C—How to identify defined terms and find the definitions

Table of sections

2-10 When defined terms are identified

2-15 When terms are not identified

2-20 Identifying the defined term in a definition

2-10 When 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.

2-15 When 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

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

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

2-20 Identifying the defined term in a definition

Within a definition, the defined term is identified by bold italics.

 

Subdivision 2-D—The numbering system

Table of sections

2-25 Purposes

2-30 Gaps in the numbering

2-25 Purposes

Two main purposes of the numbering system in this Act are:

· To indicate the relationship between units at different levels.

For example, the number of Part 2-15 indicates that the Part is in Chapter 2. Similarly, the number of section 165-70 indicates that the section is in Division 165.

· To allow for future expansion of the Act. The main technique here is leaving gaps between numbers.

2-30 Gaps in the numbering

There are gaps in the numbering system to allow for the insertion of new Divisions and sections.

Except where the gaps follow a regular pattern, notes are included at the end of one group of units to indicate the number of the next unit.

 

Subdivision 2-E—Status of Guides and other non-operative material

Table of sections

2-35 Non-operative material

2-40 Guides

2-45 Other material

2-35 Non-operative material

In addition to the operative provisions themselves, this Act contains other material to help you identify accurately and quickly the provisions that are relevant to you and to help you understand them.

This other material falls into 2 main categories.

2-40 Guides

The first is the "Guides". A Guide consists of sections under a heading indicating that what follows is a Guide to a particular Subdivision, Division etc.

Guides form part of this Act but are kept separate from the operative provisions. In interpreting an operative provision, a Guide may only be considered for limited purposes. These are set out in section 950-150.

2-45 Other material

The other category consists of material such as notes and examples. These also form part of the Act. They are distinguished by type size from the operative provisions, but are not kept separate from them.

 

 

Income Tax Assessment Act| Apprentice Tax Practitioner Program