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Termination payments

Termination payments include the value of:

  • a) an Employment Termination Payment (ETP) declarable as income for the Australian Taxation Office, and

  • b) all paid out annual and long service leave irrespective of when it was accrued.

Golden handshakes and similar payments are considered to be an ETP.

The amount of the ETP that is liable is the part that would be included in the assessable income of an employee, director or deemed employee, if the whole of the ETP had been paid to that employee, director or deemed 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

  • Liable

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

  • Liable

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

  • Liable

  • Payments in lieu of superannuation

  • Liable

  • Payments for notice period worked by employee or contractor

  • Liable

  • Payment in lieu of notice

  • Liable

  • 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

  • Liable

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

  • Liable

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

  • Liable

  • '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

More information

Last updated: 17-Jun-2011
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