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PAY-ROLL TAX ADMINISTRATION AMENDMENT ACT 2004 No. 46 - SECT 12

12 Insertion of new pt 3, div 3, sdiv 2

After section 9--

insert--

'This subdivision applies to the DGE for a group.

'In this subdivision--

fixed periodic deduction, for the DGE for a periodic return period, means--

(a) the amount of the DGE's deduction for the period determined by the commissioner under section 9F; or
(b) if paragraph (a) does not apply--the greater of zero and the amount worked out on the most recent calculation day using the following formula--
where--

AW means the total amount of taxable wages and interstate wages estimated by the members of the group to be payable by the members for the financial year in which the period falls.

E means 70 833.

FPD means the fixed periodic deduction in dollars.

M means the number of months in the period.

QW means the total amount of taxable wages estimated by the members of the group to be payable by the members for the financial year in which the period falls.

'For working out the DGE's fixed periodic deduction for a periodic return period in a financial year, each of the following days in the year is a calculation day--

(a) 1 July;
(b) the day the DGE first becomes the DGE for the group;
(c) the last day of a periodic return period during which a significant wage change happens for the group;
(d) the day a determination by the commissioner of the DGE's periodic deduction under section 9F ceases to have effect, if the commissioner does not make a further determination of the deduction;
(e) the day a change in the DGE's periodic return period takes effect under section 13B.
Note--
A DGE who works out the DGE's fixed periodic deduction must notify the commissioner of the amount under section 41C.

'(1) A significant wage change happens during a periodic return period for a group if the previous estimated wages would differ by more than 30% from the current estimated wages.

'(2) In this section--

current estimated wages means the total amount of taxable wages and interstate wages, or the total amount of taxable wages, for the financial year estimated by the members of the group at the end of the periodic return period mentioned in subsection (1).

previous estimated wages means the estimated total amount of taxable wages and interstate wages, or the estimated total amount of taxable wages, of the members of the group used for working out the fixed periodic deduction for the DGE for a periodic return period.

'The DGE's liability (periodic liability) for pay-roll tax for a periodic return period is the amount worked out by applying the appropriate rate of pay-roll tax to the greater of zero and the amount equal to the total taxable wages paid or payable by the DGE during the period less the DGE's fixed periodic deduction for the period.

Note 1--

Under section 30(1)(a) of the Administration Act, a DGE's liability for pay-roll tax for a periodic return period must be paid on the date the DGE is required to lodge a periodic return for the period.
Note 2--
A DGE may be required, under the Administration Act, to include assessed interest or penalty tax in an assessment of periodic liability.

'(1) The commissioner may, by written notice given to the DGE, determine the amount of the DGE's fixed periodic deduction for a periodic return period.

'(2) The determination must state the periodic return periods to which it applies.

'(3) The determination may apply for a periodic return period starting before or after, or the periodic return period in which, the determination is made.

'(4) The commissioner may, at any time by written notice given to the DGE, revoke a determination made under subsection (1) with effect from the first day of the periodic return period stated in the notice.

'(5) The periodic return period stated in a notice under subsection (4) may be before or after, or the same periodic return period as, the periodic return period in which the notice is given but may not be before the date of the determination being revoked.

'(6) The commissioner may make a determination, or revoke a determination, under this section in relation to the deduction amount for a non-DGE group member.

'(7) If the commissioner makes a determination mentioned in subsection (6), the group member is, on the first day of the first periodic return period to which the determination applies, taken to have been designated under section 16I(1) or (2)3 as the DGE for the group.'.



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