INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-40 - RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS  

Division 83 - Other payments on termination of employment  

Subdivision 83-B - Unused long service leave payments  

General

SECTION 83-85   Entitlement to tax offset  

83-85(1)  
You are entitled to a *tax offset on an *unused long service leave payment that ensures that the rate of income tax on the amount of the payment mentioned in subsection (2) does not exceed 30%.

83-85(2)  
The amount is the part of the *unused long service leave payment included in your assessable income under subsection 83-80(1) :


(a) to the extent that it is attributable to the *pre-18/8/93 period; and


(b) to the extent that it is attributable to the *post-17/8/93 period, if the payment was made in connection with a payment that includes, or consists of, any of the following:


(i) a *genuine redundancy payment; or

(ii) an *early retirement scheme payment; or

(iii) an *invalidity segment of an *employment termination payment or a *superannuation benefit.

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