Payroll Tax Act 2011

For this Act, wages includes a superannuation contribution.

For this Act, a superannuation contribution is a contribution paid or payable by an employer in relation to an employee—

to or as a superannuation fund under the Superannuation Industry (Supervision) Act 1993 (Cwlth); or

as a superannuation guarantee charge under the Superannuation Guarantee (Administration) Act 1992 (Cwlth); or

to or as any other form of superannuation, provident or retirement fund or scheme including—

the Superannuation Holding Accounts Special Account under the Small Superannuation Accounts Act 1995 (Cwlth); and

a retirement savings account under the Retirement Savings Accounts Act 1997 (Cwlth); and

an entirely or partly unfunded fund or scheme.

Setting aside any money or anything that is worth money as, or as part of, a superannuation fund, superannuation guarantee charge or any other form of superannuation, provident or retirement fund or scheme is taken to be paying a superannuation contribution.

Making a superannuation contribution of anything that is worth money is taken to be paying a superannuation contribution of the amount equal to its value, and its value must be worked out under section 43 (Value of wages paid in kind) as if the section mentioned the contribution instead of wages.

A superannuation, provident or retirement fund or scheme is unfunded to the extent that money paid or payable by an employer in relation to an employee covered by the fund or scheme is not paid or payable in the employee’s period of service with the employer.

In this section: