Meaning of employment income
46AB Meaning of employment income
For the purposes of section 46AA, employment income, in relation to a person, is ordinary income of the person:
that is for remunerative work of the person as an employee in an employer/employee relationship; and
that includes, but is not limited to:
salary, wages, commissions and employment‑related fringe benefits; and
if the person is engaged on a continuing basis in that employer/employee relationship—a leave payment to the person;
but does not include:
a superannuation payment to the person; or
a payment of compensation, or a payment to the person under an insurance scheme, in relation to the person’s inability to earn, derive or receive income from that remunerative work; or
if the person is not engaged on a continuing basis in that employer/employee relationship—a leave payment to the person; or
a payment to the person by a former employer of the person in relation to the termination of the person’s employment; or
a comparable foreign pension; or
an instalment of parental leave pay.
For the purposes of subsection (1), a leave payment:
includes a payment in respect of personal/carer’s leave, annual leave, maternity leave or long service leave; and
may be made as a lump sum payment, a payment that is one of a series of regular payments or otherwise; and
is taken to be made to a person if it is made to another person:
at the direction of the person or of a court; or
on behalf of the person; or
for the benefit of the person; or
if the person waives or assigns his or her right to the payment.
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