Queensland Numbered Acts Queensland Numbered ActsPart 2--
insert--
'In this division--
entitled group member, for an excess rebate, means a group member who--
(a) is nominated by the DGE for the group under section 49C, or determined by the commissioner under section 49D, as a group member to share in the excess rebate; and
(b) if the excess rebate is shared by the entitled group members at the end of the relevant financial year under section 49E--is a member of the group on 30 June in the year and has an annual liability for the year.
order of entitled group members means the order in which entitled group members are to share in an excess rebate under a nomination made by the DGE for the group under section 49C, or a determination made by the commissioner under section 49D, for an assessment of the annual liability or final liability relating to the relevant financial year of a member of the group.
relevant financial year means the financial year ending 30 June 2010.
'(1) Subsection (2) applies--
(a) for an assessment of the annual liability relating to the relevant financial year of a non-DGE group member, if the relevant annual amount for the member for the year is greater than the member's annual payroll tax amount for the year; or
(b) for an assessment of the annual liability relating to the relevant financial year of a DGE, if the relevant annual amount for the DGE for the year is greater than the DGE's annual payroll tax amount for the year; or
(c) for an assessment of the final liability relating to the relevant financial year of a non-DGE group member, if the relevant final amount for the member for the final period is greater than the member's final payroll tax amount; or
(d) for an assessment of the final liability relating to the relevant financial year of a DGE, if the relevant final amount for the DGE for the final period is greater than the DGE's final payroll tax amount.
'(2) The amount of the difference is the excess rebate for the assessment.
'(3) In this section--
annual payroll tax amount, for a DGE, see section 33.
annual payroll tax amount, for a non-DGE group member, see section 29(1).
final payroll tax amount, for a DGE, see section 41.
final payroll tax amount, for a non-DGE group member, see section 37.
relevant annual amount means the amount worked out under section 35A(4), definition rebate, paragraph (a).
relevant final amount means the amount worked out under section 43A(3), definition rebate, paragraph (a).
'The DGE for a group may nominate, in an annual return or final return--
(a) 1 or more group members, including the DGE, to share in any excess rebate for the assessment of a group member's annual liability or final liability relating to the relevant financial year; and
(b) the order in which the members are to share in the excess rebate.
'(1) This section applies, for an assessment of annual liability or final liability relating to the relevant financial year of a group member (the first member), if--
(a) the DGE for the group does not make a nomination under section 49C; and
(b) there is an excess rebate.
'(2) The commissioner may make a determination of--
(a) 1 or more group members to share in the excess rebate; and
(b) the order in which the members are to share in the excess rebate.
'(3) The determination may apply in relation to an assessment of the first member's annual liability or final liability relating to the relevant financial year made before or after the determination is made.
'(1) This section applies if--
(a) there is an excess rebate for an assessment of the annual liability or final liability relating to the relevant financial year of a group member; and
(b) if the excess rebate is for an assessment of the member's final liability--at least one other member of the group continues to pay, or be liable to pay, wages as a group member for the period--
(i) starting on the day the member's change of status happens; and
(ii) ending on 30 June in the relevant financial year.
'(2) An entitled group member for the excess rebate is, after the end of the relevant financial year, entitled to the following share of the excess rebate--
(a) if the member is first in the order of entitled group members, the lesser of the following amounts--
(i) the excess rebate;
(ii) the member's annual payroll tax amount relating to the relevant financial year;
(b) for another entitled group member, the lesser of the following amounts--
(i) 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;
(ii) the member's annual payroll tax amount relating to the relevant financial year.
'(3) The commissioner must make an assessment or reassessment of an entitled group member's annual liability for the year.
'(4) An assessment or reassessment mentioned in subsection (3) must be made on the basis that, for part 2, division 4, subdivision 1 or 2, the member's annual payroll tax amount for the year is the amount worked out by applying the appropriate rate of payroll tax to the member's annual wages for the year less the member's share of the excess rebate under subsection (2).
'(5) In this section--
annual wages see section 29(1) or 33.
'(1) This section applies if--
(a) there is an excess rebate for an assessment of final liability relating to the relevant financial year of a group member; and
(b) 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.
'(2) 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--
(a) if the member is first in the order of entitled group members, the lesser of the following amounts--
(i) the excess rebate;
(ii) the member's final payroll tax amount for the relevant final period relating to the relevant financial year; or
(b) for another entitled group member, the lesser of the following amounts--
(i) 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;
(ii) the member's final payroll tax amount for the relevant final period relating to the relevant financial year.
'(3) The commissioner must make an assessment or reassessment of an entitled group member's final liability for the relevant final period.
'(4) 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).
'(5) In this section--
final wages see section 37 or 41.
relevant final period, for an entitled group member, means the final period for the change of status of the member happening at the time the member ceases to pay, or be liable to pay, wages as a member of the group.'.