INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - TABLE OF PROVISIONS 1. Short title [see Note 1] 2. Commencement [see Note 1] 3. Interpretation 4. Incorporation 5. Act to bind Crown 6. Imposition of tax 7. Rate of tax INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - LONG TITLE An Act to impose income tax in respect of certain dealings by current and former offshore banking units INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - SECT 1 Short title [see Note 1] This Act may be cited as the Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - SECT 2 Commencement [see Note 1] This Act shall come into operation on the day on which the Taxation Laws Amendment Act 1988 receives the Royal Assent. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - SECT 3 Interpretation In this Act, "Assessment Act" means the Income Tax Assessment Act 1936. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - SECT 4 Incorporation The Assessment Act is incorporated and shall be read as one with this Act. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - SECT 5 Act to bind Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - SECT 6 Imposition of tax The tax known as income tax, to the extent that it is payable in accordance with section 128NB of the Assessment Act, is imposed, and shall be levied and paid, on the lost withholding tax amount referred to in that section. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - SECT 7 Rate of tax The rate of tax imposed by this Act on the lost withholding tax amount is 75%. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - NOTES Compilation Information [GRAPHIC]Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988 Act No. 12 of 1988 as amended Consolidated as in force on 26 August 1999 (includes amendments up to Act No. 93 of 1999) Prepared by the Office of Legislative Drafting,Attorney-General's Department, Canberra INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - NOTES INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988Notes to the Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988 Note 1 The Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988 as shown in this consolidation comprises Act No. 12, 1988 amended as indicated in the Tables below. For all relevant information pertaining to application, saving or transitional provisions see Table A. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988 12, 1988 26 Apr 1988 (a) Taxation Laws Amendment Act (No. 2) 1999 93, 1999 16 July 1999 Schedule 1 (items 38, 39): 16 July 1999 (b) Sch. 1 (item 39(1) and (9)) (a) Section 2 of the Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988 provides as follows: This Act shall come into operation on the day on which the Taxation Laws Amendment Act 1988 receives the Royal Assent. (b) The Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988 was amended by Schedule 1 (item 38) only of the Taxation Laws Amendment Act (No. 2) 1999, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. INCOME TAX (OFFSHORE BANKING UNITS) (WITHHOLDING TAX RECOUPMENT) ACT 1988 - NOTES Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 7 am. No. 93, 1999 Table A Table A Application, saving or transitional provisions Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988 (No. 93, 1999 Schedule 1 39 Application (1) Subject to this item, the amendments made by this Schedule apply in relation to transactions entered into after 2 July 1998. (9) The amendment made by item 38 applies to penalties imposed after 2 July 1998.