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When an employee stops working for you

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There have been a number of recent changes to that may have an impact on the payments you make to employees when they stop working for you.

What are the changes that apply from 1 July 2007?

  • Reasonable benefit limits (RBLs) will be abolished.
  • A payment will generally need to be received within 12 months of the termination to qualify as an employment termination payment.
  • Employment termination payments (other than those made under the transitional arrangements) will not be able to be contributed or rolled over into super.
  • Life benefit employment termination payments:
    • will not be subject to tax on any tax-free component (invalidity or pre-July 1983 amounts), or
    • will be concessionally taxed up to a cap of $140,000 for 2007–08 (to be indexed).
  • The tax treatment of death benefit employment termination payments will depend on whether they are made to a dependant or non-dependant and how much is paid.

For more information about these changes and transitional arrangements, refer to Employment termination payments and Transitional arrangements.

What am I required to do if an employee stops working for me?

From 1 July 2007, if an employee stops working for you and you make a lump sum payment to them as a result of their employment terminating, the payment may qualify as an employment termination payment.

These payments were previously called eligible termination payments.

For more information about eligible termination payments, refer to:

What payments are included in an employment termination payment?

Payments that qualify as an employment termination payment include:

  • unused rostered days off (RDOs)
  • payment in lieu of notice
  • unused sick leave
  • a gratuity or ‘golden handshake’
  • compensation for loss of job
  • compensation for wrongful dismissal
  • payments for loss of future super payments
  • payments arising from the employee’s permanent disability (other than compensation for personal injury)
  • payments because of the employee’s permanent disability (other than compensation for personal injury)
  • payment under an early retirement scheme in excess of the tax-free limit, and
  • certain payments paid on the death of an employee.

What payments are not included in an employment termination payment?

Payments that do not qualify as an employment termination payment include:

  • payments for unused annual leave and/or leave loading
  • payments for unused long service leave
  • salary, wages and allowances owing to the employee for work done or leave already taken
  • compensation for personal injury
  • payment for restraint of trade
  • foreign termination payments
  • employee share scheme payments
  • an advance or loan, and
  • genuine redundancy and approved early retirement scheme payments that are within the tax-free limit.

Related topics

More information

  • For copies of our publications, phone the publications ordering service on 1300 720 092.
  • To speak to a tax officer, phone our information line on 13 10 20 between 8.00am and 6.00pm, Monday to Friday.
  • You may write to:

    Australian Taxation Office
    PO Box 3100
    Penrith NSW 2740

If you do not speak English well and want to talk to a tax officer, phone the Translating and interpreting service on 13 14 50 for help with your call.

Last Modified: Monday, 17 November 2008

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