Payroll Tax Act 1971

This section applies if—

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

all members of the group cease to pay, or be liable to pay, wages as members of the group before 30 June in the relevant financial year.

An entitled group member for the excess rebate is, after all group members have ceased to pay, or be liable to pay, wages as members of the group, 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 final payroll tax amount for the relevant final period relating to the relevant financial year; or

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 final payroll tax amount for the relevant final period relating to the relevant financial year.

The commissioner must make an assessment or reassessment of an entitled group member’s final liability for the relevant final period.

An assessment or reassessment mentioned in subsection (3) must be made on the basis that, for part 2, division 5, subdivision 1 or 2, the member’s final payroll tax amount for the relevant final period is the amount worked out by applying the appropriate rate of payroll tax to the member’s final wages for the period less the member’s share of the excess rebate under subsection (2).

In this section—