Vol. 202 No. 1
I move:—
That provision shall be made as to the circumstances in which, in giving relief in respect of a loss against tax on general income under section 34 of the Income Tax Act, 1918, the loss is to be set off primarily against income from a particular source or income of a particular class, and that, where the person sustaining the loss has a wife or husband, the loss shall be set off against the person's own income in preference to that of the wife or husband.
Is this where they are separately assessed or where they are jointly assessed?
The Commission also reported on this, with regard to claiming for a loss, that the time, first of all, be extended from one to two years. I am sure the Deputy will recollect, having read the Income Tax Commission's Report, that the Income Tax Commission are anxious that the special commissioners should become appeal commissioners and not administrators. So, the administration will go to the inspector instead of the special commissioner.
I think that is a different one, is it not?
The method of computing also comes into this. There has been some uncertainty about it, if a person has both earned income and unearned income, whether the loss should be put against the earned or the unearned income. It has been the practice all through the years to put it against the earned income. There has been some doubt about the validity of that and that is being put right, that it should be against the earned income.
Is it in a case where a husband and wife have demanded a separate assessment or is it where they are jointly assessed?
No; that does not come into it, I think.
It does—"the person's own income in preference to that of the wife or husband".
It does not arise. There is no necessity to change the law on that, so far as I know.
It may have been clarified to somebody else but not to me.
