SECTION 5
RATE OF TERMINATION PAYMENTS SURCHARGE
5(1AA)
In this section:
higher income amount
means:
(a)
for the 2003-2004 financial year
-
$114,981; and
(b)
for the 2004-2005 financial year
-
that amount as indexed under section
6
.
History
Definition of
"
higher income amount
"
amended by No 102 of 2005, s 3 and Sch 1 item 43, by substituting
"
for the 2004-2005 financial year
"
for
"
for each later financial year
"
in para (b), effective 12 August 2005.
lower income amount
means:
(a)
for the 2003-2004 financial year
-
$94,691; and
(b)
for the 2004-2005 financial year
-
that amount as indexed under section 6.
History
Definition of
"
lower income amount
"
amended by No 102 of 2005, s 3 and Sch 1 item 44, by substituting
"
for the 2004-2005 financial year
"
for
"
for each later financial year
"
in para (b), effective 12 August 2005.
maximum surcharge percentage
means:
(a)
for the 2003-2004 financial year
-
14.5%; and
(b)
for the 2004-2005 financial year
-
12.5%.
(c)
(Repealed by No 102 of 2005)
History
Definition of
"
maximum surcharge percentage
"
amended by No 102 of 2005, s 3 and Sch 1 items 45 and 46, by substituting
"
12.5%.
"
for
"
12.5%; and
"
in para (b) and repealing para (c), effective 12 August 2005. Para (c) formerly read:
(c)
for the 2005-2006 financial year and later financial years
-
10%.
Definition of
"
maximum surcharge percentage
"
substituted by No 106 of 2004, s 3 and Sch 2 item 3, applicable in relation to liability to surcharge in respect of the 2004-05 financial year and later financial years. The definition formerly read:
maximum surcharge percentage
means:
(a)
for the 2003-2004 financial year
-
14.5%; and
(b)
for the 2004-2005 financial year
-
13.5%; and
(c)
for the 2005-2006 financial year and later financial years
-
12.5%.
S 5(1AA) inserted by No 112 of 2003, s 3 and Sch 1 item 17, effective 1 July 2003. Act No 112 of 2003 contains the following application provision:
32 Application of amendments made by Part 1
32
The amendments made by Part 1 apply in relation to liability to surcharge in respect of the 2003-2004 financial year and later financial years.
Note: The Acts amended by Part 1 continue to apply in relation to liability to surcharge in respect of financial years that ended before 1 July 2003 as if the amendments made by Part 1 had not been made.
5(1)
If the taxpayer
'
s adjusted taxable income for a financial year (
relevant adjusted taxable income
) is not less than the lower income amount but is less than the higher income amount, the rate of the termination payments surcharge payable on a termination payment made to or for the taxpayer in that year is the percentage (calculated to 5 decimal places) of the amount of the payment worked out using the formula:
Relevant adjusted taxable income
−
Lower income amount
A |
where:
A
is:
Higher income amount
−
Lower income amount
Maximum surcharge percentage
×
100 |
History
S 5(1) amended by No 112 of 2003, s 3 and Sch 1 items 18 and 19, by substituting
"
the lower income amount but is less than the higher income amount
"
for
"
$70,000 but is less than $85,000
"
and substituting the formula, effective 1 July 2003. For application provision, see note under s 5(1AA). The formula formerly read:
"
Relevant adjusted taxable income
−
$70,000
$1,000
" |
S 5(1) amended by No 188 of 1997.
5(1A)
If the percentage calculated under subsection (1) for a financial year would, if it were worked out to 6 decimal places, end with a number greater than 4, the number so calculated is increased by 0.00001.
History
S 5(1A) inserted by No 188 of 1997.
5(2)
If the taxpayer
'
s adjusted taxable income for a financial year is equal to, or greater than, the higher income amount, the rate of the termination payments surcharge payable in respect of a termination payment made to or for the taxpayer in that year is the maximum surcharge percentage of the amount of the payment.
History
S 5(2) amended by No 112 of 2003, s 3 and Sch 1 items 20 and 21, by substituting
"
equal to, or greater than, the higher income amount
"
for
"
$85,000 or a higher amount
"
and substituting
"
the maximum surcharge percentage
"
for
"
15%
"
, effective 1 July 2003. For application provision, see note under s 5(1AA).