The Commonwealth snatched income-tax power from the states in 1942 using some artful legal arguments and the war. The theory was that the Commonwealth would give the power back after the war, but it never did. Legally and constitutionally, it still possible for the states to levy income tax, if the Commwealth will let them.
This week Prime Minister Paul Keating said he would propose a referendum to change the Constitution to cement in an exclusive Commonwealth income-tax power so no future conservative government could give any income-tax power back to the states.
The Commonwealth shut the states out of income tax in 1942 with several Acts of Parliament which were upheld by the High Court. Essentially the Commonwealth demanded that the states hand over their income-tax records; that all state income-tax officials be transferred to the Commonwealth and that if any state dared raise an income tax the Commonwealth would impose a 100 per cent tax on that state’s citizens, thus excluding any room for a state tax. The Commonwealth would then return to the citizen any part of the income it did not need. The Commonwealth agreed to give back to the states a share of the tax collected in the form of grants.
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