Opinion Number. 707

Subject

COMMONWEALTH BANK: COMMONWEALTH IMMUNITY FROM STATE LAWS WHETHER COMMONWEALTH BANK IS SUBJECT TO STATE INCOME TAX LAWS

Author
Date

The Governor of the Commonwealth Bank has forwarded the following memorandum for advice:

I have the honour to hand you herewith copy of a letter received from the Commissioner of Income Tax, Brisbane, asking that the Commonwealth Bank of Australia furnish a Return of Income in respect of the year ending on the 31st day of December 1914, and to lodge same within 10 days from the 14th May, and I will be glad if you will kindly get the opinion of the Honourable the Attorney-General as to whether the Commonwealth Bank of Australia should lodge this return, and advise me in time to reply to Brisbane before the 24th May. In my opinion a State cannot by legislation impose upon the Commonwealth Bank a legal obligation to furnish to a State Department a return of its income.

I think therefore that the Commonwealth Bank is under no obligation to send in the return in question.

[Vol. 14, p. 330]