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Employment termination payments

A payroll tax liability arises if an ETP is paid or becomes payable by the employer, and the employee would pay income tax if the ETP had been paid to the employee.

In some cases an ETP may be payable to the employee but it is not actually paid to the employee.

The amount of the ETP that is subject to payroll tax is the amount that would be subject to income tax in the hands of the employee.

Summary of payroll tax liability

Type of lump sum paymentLiability
  • Termination payments in respect of unused annual leave, sick leave, long service leave or a bonus or loading related to that leave

  • Taxable

  • Act of grace redundancy payments ('golden handshakes') paid to employees after termination

  • Taxable

  • Act of grace redundancy payments ('golden handshakes') paid to directors and contractors

  • Taxable

  • Payments in lieu of superannuation

  • Taxable

  • Payments for notice period worked by employee or contractor

  • Taxable

  • Payment in lieu of notice

  • Taxable

  • Non-cash payment in satisfaction of an ETP that is only subject to payroll tax if paid or payable on or after 1 July 2002

  • Taxable

  • Compensation for loss of job or wrongful dismissal - Lost earnings component

  • Taxable

  • Income taxable component of approved redundancy or early retirement scheme payments

  • Taxable

  • 'Genuine' superannuation lump sum paid on retirement

  • Exempt

  • Compensation for loss of job or wrongful dismissal - amount for 'personal injury', eg damage to reputation

  • Exempt

  • Income tax-exempt component of redundancy or early retirement payments

  • Exempt

  • Capital payment for contract in restraint of trade eg restriction on who the terminated employee can work for

  • Exempt

Last updated: 2008-05-09
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