Victorian Repealed Acts

This legislation has been repealed.

Pay-roll Tax Act 1971 - SECT 3A

Superannuation benefits relating to services performed before 1 July 1997

3A. Superannuation benefits relating to services performed before 1 July 1997



(1) Money paid by an employer on or after 1 July 1997 as a superannuation
benefit that is alleged by the employer to be paid in respect of services
performed or rendered by an employee before that day, must be evidenced to the
satisfaction of the Commissioner in the employer's records for pay-roll tax
purposes.

(2) In particular, the employer's records must show the manner of calculation
of the benefit and any actuarial basis for it.

(3) For the purposes of subsection (2) and of any assessment of pay-roll tax
to which that subsection is material, the certificate of a fellow or
accredited member of the Institute of Actuaries of Australia to the effect
that the actuarial basis on which an amount is calculated is justified is
evidence and, in the absence of evidence to the contrary, proof of that fact.

(4) If records are not kept as required by this section, the Commissioner is
entitled to assume for the purposes of an assessment of pay-roll tax, that a
payment of money by an employer as a superannuation benefit on or after 1 July
1997 is an amount payable in respect of services performed or rendered by an
employee on or after that day.