Payroll Tax Act 1971

This section applies if—

there is an excess rebate for an assessment of the annual liability or final liability relating to the relevant financial year of a group member; and

if the excess rebate is for an assessment of the member’s final liability—at least one other member of the group continues to pay, or be liable to pay, wages as a group member for the period—

starting on the day the member’s change of status happens; and

ending on 30 June in the relevant financial year.

An entitled group member for the excess rebate is, after the end of the relevant financial year, entitled to the following share of the excess rebate—

if the member is first in the order of entitled group members, the lesser of the following amounts—

the excess rebate;

the member’s annual payroll tax amount relating to the relevant financial year;

for another entitled group member, the lesser of the following amounts—

so much of the excess rebate remaining after the preceding entitled group member in the order of entitled group members has received the preceding member’s share;

the member’s annual payroll tax amount relating to the relevant financial year.

The commissioner must make an assessment or reassessment of an entitled group member’s annual liability for the year.

An assessment or reassessment mentioned in subsection (3) must be made on the basis that, for part 2, division 4, subdivision 1 or 2, the member’s annual payroll tax amount for the year is the amount worked out by applying the appropriate rate of payroll tax to the member’s annual wages for the year less the member’s share of the excess rebate under subsection (2).

In this section—