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  

Employment wholly full-time or wholly part-time

SECTION 83-95   How to work out amount of payment attributable to each period  

83-95(1)  
Work out how much of an *unused long service leave payment is attributable to a period as follows:


(a) for the *pre-18/8/93 period or to the *post-17/8/93 period - use the formula in subsection (2);


(b) for the *pre-16/8/78 period - subtract the sum of the amounts (if any) worked out for paragraph (a) for the other 2 periods from the total amount of the payment.

83-95(2)  
For the *pre-18/8/93 period or the *post-17/8/93 period, the formula is:


Amount of payment × Unused long service leave days in the relevant period
Total unused long service leave days

where:

total unused long service leave days
means the total number of unused days of long service leave in the *long service leave employment period for the payment.

unused long service leave days in the relevant period
means the number of unused days of long service leave in the *pre-18/8/93 period or the *post-17/8/93 period (as applicable), worked out under section 83-100 .

Note 1:

For the meaning of unused days of long service leave , see section 83-100 .

Note 2:

Section 83-110 explains how to work out the period of unused long service leave if your employment was partly full-time and partly part-time during the period.


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