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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Pay-roll Tax Assessment Amendment Bill 2008
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendment of the Pay-roll Tax
Assessment Act 2002
Division 1 -- Act amended
3. The Act amended 3
Division 2 -- Amendments to commence on or
after 1 July 2008
4. Section 5 amended 3
5. Sections 6A and 6B inserted 3
6A. The term "WA taxable wages" 3
6B. Wages not referable to services
performed in a particular month 5
6. Part 2 Division 2A inserted 6
Division 2A -- Wages
Subdivision 1 -- General concept of wages
9AA. The term "wages" 6
Subdivision 2 -- Fringe benefits and specified
taxable benefits
9BA. Wages include fringe benefits and
specified taxable benefits 7
9BB. Actual value of a fringe benefit 8
9BC. Basis for including the value of fringe
benefits in returns 8
9BD. Eligibility to use estimated value method 9
9BE. Returns (other than annual returns) using
the estimated value method 9
9BF. Annual returns using the estimated value
method 10
283--1 page i
Pay-roll Tax Assessment Amendment Bill 2008
Contents
9BG. Final returns using the estimated value
method 10
9BH. Changing method of valuing fringe
benefits 11
9BI. Value of a specified taxable benefit 13
Subdivision 3 -- Superannuation contributions
9CA. Terms used in this Subdivision 13
9CB. Wages include superannuation
contributions and other similar amounts 13
9CC. Superannuation contributions 15
9CD. Notional contributions 16
Subdivision 4 -- Shares and options
9DA. Wages include shares and options
granted to employees 17
9DB. Relevant day -- choice of 18
9DC. Relevant day -- special cases 19
9DD. Value of shares and options 19
9DE. Effect of rescission, cancellation etc. of
share or option 20
9DF. Grant of share under exercise of option 21
9DG. Wages include certain shares and options
granted to directors 22
9DH. When services considered to have been
performed 22
9DI. Place where wages (as shares or options)
are payable 23
Subdivision 5 -- Termination payments
9EA. Wages include termination payments 23
Subdivision 6 -- Allowances
9FA. Motor vehicle allowances 25
9FB. Accommodation allowances 26
Subdivision 7 -- Employment agents
9GA. Wages include amounts paid by
employment agents 26
Subdivision 8 -- Miscellaneous provisions
9HA. Value of wages paid in kind 27
9HB. GST excluded from wages 27
9HC. Wages paid by or to third parties 27
7. Section 26 amended 29
8. Section 27 amended 30
9. Section 40 amended 30
10. Section 45 amended 30
11. Section 46 and Schedule 1 inserted 30
46. Transitional provisions 30
page ii
Pay-roll Tax Assessment Amendment Bill 2008
Contents
Schedule 1 -- Transitional provisions
Division 1 -- Provisions for the Pay-roll Tax
Assessment Amendment Act 2008
1. Notices under regulation 26(1) or (2) of
the Pay-roll Tax Assessment
Regulations 2003 30
2. Liability to tax if the Pay-roll Tax
Assessment Amendment Act 2008 comes
into operation after the start of the
assessment year 31
12. Glossary amended 31
Division 3 -- Amendments to commence on
1 July 2009
13. Section 31 amended 34
14. Section 32 amended 34
15. Section 33 amended 34
16. Section 35 replaced by sections 35A to 35D 34
35A. Groups arising from tracing of interests in
corporations 34
35B. Direct interests 37
35C. Indirect interests 37
35D. Aggregate interests 38
17. Section 36 amended 39
18. Section 38 amended 39
19. Glossary amended 40
Part 3 -- Amendment of the Pay-roll Tax
Assessment Regulations 2003
20. The regulations amended 41
21. Regulation 5 amended 41
22. Regulation 6 amended 41
23. Regulations 12 and 14 amended 41
24. Regulations 16 to 18 repealed 41
25. Regulations 19 to 26 repealed 41
26. Heading to Part 3 amended 41
Part 3 -- Allowances
27. Regulations 28 and 29 repealed 42
28. Regulation 30 amended 42
29. Regulation 31 repealed 42
30. Part 3 Division 2 repealed 42
31. Regulation 41 amended 42
32. Regulation 42 amended 42
page iii
Pay-roll Tax Assessment Amendment Bill 2008
Contents
33. Regulation 43 repealed 43
34. Regulation 44 amended 43
35. Glossary amended 43
36. Power to amend or repeal regulations unaffected 44
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Pay-roll Tax Assessment Amendment Bill 2008
A Bill for
An Act to amend the Pay-roll Tax Assessment Act 2002 and the
Pay-roll Tax Assessment Regulations 2003.
The Parliament of Western Australia enacts as follows:
page 1
Pay-roll Tax Assessment Amendment Bill 2008
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Pay-roll Tax Assessment Amendment Act 2008.
2. Commencement
5 This Act comes into operation as follows:
(a) Part 1 -- on the day on which this Act receives the
Royal Assent ("assent day");
(b) Part 2 Divisions 1 and 2 and Part 3 --
(i) if assent day is not later than 1 July 2008 -- on
10 1 July 2008; or
(ii) if assent day is later than 1 July 2008 -- on
assent day;
(c) Part 2 Division 3 -- 1 July 2009.
page 2
Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Act amended Division 1
s. 3
Part 2 -- Amendment of the Pay-roll Tax Assessment
Act 2002
Division 1 -- Act amended
3. The Act amended
5 The amendments in this Part are to the Pay-roll Tax Assessment
Act 2002.
Division 2 -- Amendments to commence on or after 1 July 2008
4. Section 5 amended
(1) Section 5(1) is amended by deleting "taxable in Western
10 Australia under subsection (2) except wages that are exempt
under section 40" and inserting instead --
" WA taxable wages ".
(2) Section 5(2) is repealed.
5. Sections 6A and 6B inserted
15 After section 5 the following sections are inserted --
"
6A. The term "WA taxable wages"
(1) "WA taxable wages" are wages, other than exempt
wages, that are paid or payable by an employer for
20 services performed and that are paid or payable --
(a) in Western Australia, other than wages so paid
or payable for --
(i) services performed wholly in one other
State; or
25 (ii) services performed by a person wholly
in another country for a continuous
period of more than 6 months beginning
on the day on which wages were first
page 3
Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 5
paid or payable to that person for
services so performed;
or
(b) outside Western Australia for services
5 performed wholly in Western Australia; or
(c) outside Australia for services performed mainly
in Western Australia.
(2) For the purposes of subsection (1), wages that are
payable to a person by the person's employer, but have
10 not been paid (not being wages that under the terms of
employment are payable in Western Australia or in
another State) are to be taken --
(a) if those wages are payable in respect of services
performed wholly in Western Australia -- to be
15 wages payable to that person in Western
Australia; and
(b) if those wages are not payable in respect of
services performed wholly in Western Australia
or wholly in one other State and the wages last
20 paid or payable to that person by that employer
were specified or required to be specified in a
return under this Act -- to be wages payable to
that person in Western Australia; and
(c) if those wages are not taken by paragraph (a) or
25 (b) or by any provision in a corresponding law
that corresponds to either of those paragraphs to
be wages payable to that person in Western
Australia or in another State -- to be wages
payable to that person by that employer at the
30 place where that person last performed any
services for that employer before those wages
became payable.
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Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 5
(3) If, for the purpose of the payment of wages --
(a) an instrument is sent or given or an amount is
transferred by an employer to a person or a
person's agent at a place in Australia; or
5 (b) an instruction is given by an employer for the
crediting of an amount to the account of a
person or a person's agent at a place in
Australia,
those wages are to be taken to have been paid at that
10 place and to have been paid when the instrument was
sent or given, the amount was transferred or the
account is credited in accordance with the instruction
(as the case requires).
(4) Whether services are performed wholly or mainly in
15 Western Australia or another State is to be determined
on a monthly basis, taking into account only those
services performed during the month in question.
(5) In subsection (3) --
"instrument" includes a cheque, bill of exchange,
20 promissory note, money order or a postal order
issued by a post office.
6B. Wages not referable to services performed in a
particular month
Wages that are not paid or payable in respect of
25 services performed by a person in a particular month
are to be taken to be paid or payable in respect of
services performed by the person in the month, and in
the State, in which the wages were paid or became
payable.
30 ".
page 5
Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 6
6. Part 2 Division 2A inserted
After Part 2 Division 1 the following Division is inserted --
"
Division 2A -- Wages
5 Subdivision 1 -- General concept of wages
9AA. The term "wages"
(1) "Wages" means --
(a) wages, remuneration, salary, commission,
bonuses or allowances paid or payable to or in
10 relation to an employee; and
(b) an amount paid or payable by way of
remuneration to a person holding an office
under, or in the service of, the Crown in right of
the State of Western Australia; and
15 (c) an amount paid or payable under a contract in a
class of contract prescribed under
section 45(2)(g), to the extent to which that
payment is attributable to labour; and
(d) an amount paid or payable by a company by
20 way of remuneration to or in relation to a
director of that company; and
(e) an amount paid or payable by way of
commission to an insurance or time-payment
canvasser or collector; and
25 (f) an amount that is taken to be wages paid or
payable by an employer to a person by another
provision of this Division; and
(g) a motor vehicle allowance paid or payable to an
employee for a financial year, to the extent to
30 which it exceeds the exempt component
determined under section 9FA; and
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Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 6
(h) an accommodation allowance paid or payable
to an employee in a financial year in respect of
a night's absence from the person's usual place
of residence, to the extent to which it exceeds
5 the exempt rate determined under section 9FB.
(2) Wages, remuneration, salary, commission, bonuses,
allowances or other amounts referred to in
subsection (1) are wages --
(a) whether paid or payable at piece work rates or
10 otherwise; and
(b) whether paid or payable in cash or in kind.
Subdivision 2 -- Fringe benefits and specified
taxable benefits
9BA. Wages include fringe benefits and specified taxable
15 benefits
(1) The value of a fringe benefit or a specified taxable
benefit that is provided by an employer to or in relation
to an employee is to be taken to be wages paid by the
employer to the employee unless the benefit is a fringe
20 benefit constituted by the grant of a share or an option
the value of which is taken to be wages under
Subdivision 4.
(2) Subsection (1) does not apply to benefits that are
exempt benefits for the purposes of the FBTA Act,
25 other than deposits to the Superannuation Holding
Accounts Special Account within the meaning of the
Small Superannuation Accounts Act 1995 of the
Commonwealth.
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Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 6
9BB. Actual value of a fringe benefit
(1) The value of a fringe benefit ("V") is to be calculated
in accordance with the formula --
1
V = TV ×
1 − FBT rate
5 where --
"FBT rate" is the rate of fringe benefits tax, imposed
for the purposes of the FBTA Act, that applies
when the liability to pay-roll tax under this Act
arises;
10 "TV" is the taxable value of the benefit as a fringe
benefit for the purposes of the FBTA Act.
(2) The value of a fringe benefit calculated in accordance
with subsection (1) is the "actual value" of the fringe
benefit.
15 9BC. Basis for including the value of fringe benefits in
returns
(1) If an employer is required to specify in a return WA
taxable wages that include the value of fringe benefits
provided by the employer, the employer may, instead
20 of including the actual value of the fringe benefits,
include a value of the fringe benefits calculated using
the estimated value method, if the employer is eligible
to do so.
(2) An employer must use the same basis upon which to
25 include the value of fringe benefits in returns for all
returns for an assessment year unless the
Commissioner allows a change during that year under
section 9BH(4).
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Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 6
9BD. Eligibility to use estimated value method
An employer is eligible to use the estimated value
method to calculate the value of fringe benefits
provided by the employer in an assessment year if the
5 employer --
(a) has provided WA fringe benefits for at least the
15 months ending immediately before the
beginning of the assessment year; and
(b) lodges monthly returns for the assessment year.
10 9BE. Returns (other than annual returns) using the
estimated value method
(1) If an employer, other than one who lodges an annual
return, uses the estimated value method for an
assessment year, the value of the fringe benefits ("V")
15 to be included in each return for the year except the last
return is to be calculated in accordance with the
formula --
1
V = AV ×
N
where --
20 "AV" is the actual value of the fringe benefits provided
by the employer in relation to the FBT year ending
on 31 March in the financial year immediately
before the assessment year;
"N" is the number of returns in the assessment year.
25 (2) The value of the fringe benefits to be included in the
employer's last return for the assessment year is the
amount equal to the difference between --
(a) the actual value of the WA fringe benefits
provided by the employer during the FBT year
30 that ended on 31 March in the assessment year;
and
page 9
Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 6
(b) the sum of the amounts included in each of the
previous returns for the assessment year under
subsection (1).
9BF. Annual returns using the estimated value method
5 If an employer who lodges an annual return for an
assessment year uses the estimated value method for
the assessment year, the value of the fringe benefits to
be included in the return is the amount equal to the
actual value of the WA fringe benefits provided by the
10 employer for the FBT year that ended on 31 March in
the assessment year.
9BG. Final returns using the estimated value method
If an employer who uses the estimated value method
lodges a final return for an assessment year, the value
15 of the fringe benefits to be included in the return is the
amount equal to the difference between --
(a) the sum of --
(i) the WA fringe benefits provided by the
employer for the FBT year that ended
20 on 31 March in the assessment year; and
(ii) the WA fringe benefits provided by the
employer for April, May and June in the
assessment year (if any);
and
25 (b) the sum of --
(i) one quarter of the WA fringe benefits
provided by the employer for the FBT
year that ended in the first financial year
for which the employer last chose to
30 make returns using the estimated value
method; and
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Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 6
(ii) the total of the amounts of WA fringe
benefits included in the returns for the
assessment year.
9BH. Changing method of valuing fringe benefits
5 (1) An employer may commence using the estimated value
method for an assessment year if the employer --
(a) is eligible to use the estimated value method;
and
(b) gives the Commissioner notice of the intention
10 to do so before the day on which the first or
only return for the assessment year is required
to be lodged by the employer.
(2) An employer may cease using the estimated value
method for an assessment year if the employer gives
15 the Commissioner notice of the intention to do so
before the day on which the first or only return for the
assessment year is required to be lodged by the
employer.
(3) A notice under subsection (1) or (2) must be in a form
20 approved by the Commissioner.
(4) On the written application of an employer, the
Commissioner may allow the employer to change the
basis upon which to include the value of fringe benefits
in returns during an assessment year if the
25 Commissioner is satisfied that --
(a) there is a compelling reason for making the
change; and
(b) where relevant -- if the change were not made,
the amount of pay-roll tax paid by the employer
30 during the assessment year would be
substantially greater than the amount payable
for the assessment year on the actual value of
the fringe benefits provided by the employer for
the assessment year.
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Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 6
(5) If an employer ceases using the estimated value
method during an assessment year, the value of the
fringe benefits to be included in the last return lodged
by the employer for the assessment year is the amount
5 equal to the difference between --
(a) the sum of --
(i) the actual value of the WA fringe
benefits provided by the employer for
the FBT year ending on 31 March in the
10 assessment year; and
(ii) the actual value of the WA fringe
benefits provided by the employer in
April, May and June of the assessment
year (if any);
15 and
(b) the sum of --
(i) one quarter of the actual value of the
WA fringe benefits provided by the
employer for the FBT year that ended in
20 the first financial year in which the
employer last chose to make returns
using the estimated value method; and
(ii) the total of the amounts of the WA
fringe benefits included in the
25 employer's returns for the assessment
year.
(6) If an employer commences using the estimated value
method during an assessment year, the value of the
fringe benefits to be included in the last return lodged
30 by the employer for the assessment year is the amount
equal to the difference between --
(a) the actual value of the WA fringe benefits
provided by the employer for the FBT year
ending on 31 March in the assessment year; and
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Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 6
(b) the total of the amounts of the WA fringe
benefits included in the employer's returns for
the assessment year.
9BI. Value of a specified taxable benefit
5 The value of a specified taxable benefit is the
prescribed value, or the value calculated in the
prescribed manner (as the case requires).
Subdivision 3 -- Superannuation contributions
9CA. Terms used in this Subdivision
10 For the purposes of this Subdivision --
"employee" includes --
(a) any person to whom, because of
paragraph (a), (b), (c), (d) or (e) of the
definition of "wages" in section 9AA(1), an
15 amount paid or payable in the circumstances
referred to in that paragraph constitutes
wages; and
(b) a director referred to in section 9DG(1);
"notional contribution" has the meaning given in
20 section 9CD;
"superannuation contribution" has the meaning
given in section 9CC.
9CB. Wages include superannuation contributions and
other similar amounts
25 (1) The amount of each of the following is to be taken to
be wages paid by the employer to the employee in the
return period --
(a) a superannuation contribution made by an
employer in respect of an employee in a return
30 period of the employer;
page 13
Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 6
(b) a notional contribution taken to have been made
by an employer in respect of an employee in a
return period of the employer;
(c) an individual superannuation guarantee
5 shortfall that an employer has for an employee
for a return period of the employer.
(2) If a notional contribution is taken to have been made
by an employer, in respect of an employee, to a
superannuation fund in a return period no contribution
10 made to the fund by the employer, in respect of the
employee, in the return period to make provision for
the cost referred to in section 9CD(3) is to be taken to
be wages under subsection (1).
(3) If --
15 (a) a superannuation contribution that was payable,
but not paid, or was required to be credited as a
contribution, but was not, by an employer in
respect of an employee is taken to be wages
paid by the employer to the employee in a
20 return period under subsection (1); and
(b) an individual superannuation guarantee
shortfall results wholly or in part from the
employer's failure to pay or credit the
contribution,
25 the amount of the individual superannuation guarantee
shortfall is reduced (but not to below zero) by the
amount of the superannuation contribution referred to
in paragraph (a).
(4) Section 6A(2) applies to --
30 (a) a superannuation contribution that is payable
but not paid or is or is required to be credited as
a contribution; and
(b) a notional contribution; and
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Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 6
(c) an individual superannuation guarantee
shortfall,
as if --
(d) it referred to contributions rather than wages;
5 and
(e) an amount that is or is required to be credited as
a contribution, a notional contribution and an
individual superannuation guarantee shortfall
were contributions payable.
10 (5) For the purposes of subsection (1)(c) --
(a) the individual superannuation guarantee
shortfall referred to is reduced by any amount
of the shortfall arising under section 19 of the
Superannuation Guarantee Act because of
15 contributions not made in compliance with the
choice of fund requirements; and
(b) if an employer has an individual
superannuation guarantee shortfall for an
employee for a quarter (within the meaning
20 given in section 6 of the Superannuation
Guarantee Act), the shortfall is to be taken to be
for the last month of the quarter.
9CC. Superannuation contributions
(1) A superannuation contribution is made by an employer
25 in respect of an employee if --
(a) a contribution is paid or payable by an
employer to or as a superannuation fund in
respect of the employee; or
(b) an amount, although not paid or payable, is or
30 is required to be credited under a
superannuation fund as an employer's
contribution in respect of an employee.
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Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 6
(2) Subsection (1)(b) applies only in respect of an
Australian superannuation fund that does not provide
for any defined superannuation benefits in respect of
any person.
5 (3) Setting aside any money or anything that is worth
money as, or as part of, a superannuation fund is to be
taken to be paying a contribution.
(4) Making a contribution of anything that is worth money
is to be taken to be paying a contribution of the amount
10 equal to its value, and its value is to be worked out in
accordance with section 9HA as if that section referred
to the contribution instead of to wages.
9CD. Notional contributions
(1) Notional contributions are to be taken to have been
15 made by an employer in respect of an employee if --
(a) the employee is a member of an Australian
superannuation fund; and
(b) the fund is a defined benefit fund.
(2) For each return period of the employer in which the
20 employee accrues an entitlement to a defined
superannuation benefit from the fund, a notional
contribution is to be taken to have been made to the
fund in the return period by the employer in respect of
the employee.
25 (3) The amount of the notional contribution is the amount
that an actuary determines would be sufficient to meet
the expected long-term cost to the employer of that
benefit.
(4) The regulations may include provisions about how an
30 actuary is to determine an amount under subsection (3).
page 16
Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 6
Subdivision 4 -- Shares and options
9DA. Wages include shares and options granted to
employees
(1) The value of a share or an option granted by an
5 employer to an employee in respect of the appointment
of or services performed by the employee is to be taken
to be wages paid by the employer to the employee
unless the share or option is wages under a paragraph
of section 9AA(1) other than paragraph (f).
10 (2) A share or an option is granted to a person in the
following circumstances --
(a) in the case of a share -- if the person acquires
the share --
(i) in accordance with section 139G of the
15 Income Tax Assessment Act 1936 of the
Commonwealth; or
(ii) in circumstances prescribed for the
purposes of this paragraph by the
regulations;
20 (b) in the case of an option -- if the person
acquires a right to the share to which the option
relates and the right is acquired --
(i) in accordance with section 139G of the
Income Tax Assessment Act 1936 of the
25 Commonwealth; or
(ii) in circumstances prescribed for the
purposes of this paragraph by the
regulations.
(3) Wages constituted by the value of a share or an option
30 are to be taken to be paid on the relevant day.
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Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 2 Amendments to commence on or after 1 July 2008
s. 6
(4) The "relevant day" is the day that the employer elects,
in accordance with this Subdivision, to treat as the day
on which the wages are paid.
(5) If the grant of a share or an option by an employer to
5 an employee is in respect of the appointment of the
employee, but not for services performed, the grant is
to be taken to be for services performed by the
employee in the place or places where it may
reasonably be expected that the services of the
10 employee will be performed.
(6) To avoid doubt, a share or an option is valuable
consideration for the purposes of section 9HC.
9DB. Relevant day -- choice of
(1) The employer may elect to treat as the relevant day
15 either the day on which the share or option is granted to
the employee or the vesting day.
(2) The "vesting day" in respect of a share is the day on
which the share vests in the employee, that is, when
any conditions applying to the grant of the share have
20 been met and the employee's legal or beneficial
interest in the share cannot be rescinded.
(3) The "vesting day" in respect of an option is the earlier
of the following days --
(a) the day on which the share to which the option
25 relates is granted to the employee; and
(b) the day on which the employee exercises a right
under the option to have the share the subject of
the option transferred to, allotted to or vest in
him or her.
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Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Act 2002 Part 2
Amendments to commence on or after 1 July 2008 Division 2
s. 6
9DC. Relevant day -- special cases
(1) If --
(a) an employer grants a share or an option to an
employee the value of which is taken to be
5 wages under this Subdivision; and
(b) the value of the share or option is not specified
as WA taxable wages in a return in the financial
year in which the share or option was granted,
the employer is to be taken to have elected to treat the
10 wages constituted by the value of that share or option
as being paid on the vesting day.
(2) If --
(a) an employer grants a share or an option to an
employee the value of which is taken to be
15 wages under this Subdivision; and
(b) either --
(i) the value of the share or option is nil; or
(ii) if the employer were to elect to treat the
day on which the share or option was
20 granted as the relevant day -- the wages
constituted by the value of the share or
option would not be liable to pay-roll
tax,
the employer is to be taken to have elected to treat the
25 wages constituted by the value of the share or option as
being paid or payable on the day on which the share or
option was granted.
9DD. Value of shares and options
(1) The value of a share or an option taken to be wages
30 under this Subdivision is the market value of the share
or option (expressed in Australian currency) on the
relevant day, less the consideration (if any) paid or
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given by the employee in respect of the share or option
(other than consideration in the form of services
performed).
(2) The market value of a share or an option on the
5 relevant day is to be determined in accordance with the
Commonwealth income tax provisions.
(3) For that purpose, the Commonwealth income tax
provisions apply with the following modifications, and
any other necessary modifications --
10 (a) the market value of an option is to be
determined as if it were a right to acquire a
share;
(b) a reference to a taxpayer is to be read as a
reference to the employee;
15 (c) a reference to the Commissioner of Taxation is
to be read as a reference to either that
Commissioner or the Commissioner of State
Revenue.
(4) In this section --
20 "Commonwealth income tax provisions" means the
provisions of Subdivision F of Division 13A of
Part III of the Income Tax Assessment Act 1936 of
the Commonwealth.
9DE. Effect of rescission, cancellation etc. of share or
25 option
(1) If an employer grants a share or an option to an
employee the value of which is taken to be wages
under this Subdivision and the grant of the share or
option is withdrawn, cancelled or exchanged before the
30 vesting day for any valuable consideration (other than
the grant of other shares or options) --
(a) the day of withdrawal, cancellation or exchange
is to be taken to be the relevant day in relation
to the share or option; and
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(b) the market value of the share or option, on the
relevant day, is to be taken to be the amount of
the valuable consideration.
(2) If --
5 (a) an employer grants a share or an option to an
employee the value of which is taken to be
wages under this Subdivision; and
(b) the value of the share or option is specified as
WA taxable wages in a return; and
10 (c) the grant is rescinded because the conditions
attaching to the grant were not met,
the WA taxable wages of the employer, in the return
period in which the grant is rescinded, are to be
reduced by the value of the share or option as specified
15 in the earlier return.
(3) Subsection (2) does not apply just because an
employee fails to exercise an option or to otherwise
exercise his or her rights in respect of a share or an
option.
20 9DF. Grant of share under exercise of option
The value of a share granted by an employer to an
employee is not to be taken to be wages under this
Subdivision if --
(a) the employer is required to grant the share as a
25 consequence of the exercise of an option by a
person; and
(b) the value of the option granted to the person
was taken to be wages under this Subdivision.
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9DG. Wages include certain shares and options granted to
directors
(1) If the value of a share or an option granted by a
company to a director of the company by way of
5 remuneration for the appointment or services of the
director would be taken to be wages under this
Subdivision if the director were an employee of the
company, the value of the share or option is to be taken
to be wages paid by the company (as an employer) to
10 the director.
(2) For the purposes of subsection (1), the other provisions
of this Subdivision apply in respect of any such grant
as if a reference to the employer were a reference to the
company and a reference to the employee were a
15 reference to the director of the company.
(3) In this section, a reference to a director of the company
includes a reference to the following --
(a) a person who, under a contract or other
arrangement, is to be appointed as a director of
20 the company;
(b) a former director of the company.
(4) If the grant of a share or an option by a company to a
director of the company is by way of remuneration for
the appointment of the director, but not for services
25 performed, the grant is to be taken to be for services
performed by the director in respect of the company in
the place or places where it may reasonably be
expected that the services of the director in respect of
the company will be performed.
30 9DH. When services considered to have been performed
If the value of a share or an option is taken to be wages
under this Subdivision, the services in respect of which
the share or option was granted are to be taken to have
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been performed during the month in which the relevant
day occurs.
9DI. Place where wages (as shares or options) are
payable
5 (1) Wages constituted by the value of a share or an option
are to be taken to be paid in Western Australia if the
share is a share in a local company or, in the case of an
option, an option to acquire shares in a local company.
(2) In any other case, wages constituted by the value of a
10 share or an option are to be taken to be paid outside
Western Australia.
(3) In this section --
"local company" means --
(a) a company incorporated or taken to be
15 incorporated under the Corporations Act that
is taken to be registered in Western Australia
for the purposes of that Act; or
(b) any other body corporate that is incorporated
under a written law.
20 Subdivision 5 -- Termination payments
9EA. Wages include termination payments
(1) The amount of a termination payment is to be taken to
be wages paid or payable by the employer to the
employee, or by the company (as an employer) to the
25 director.
(2) For the purposes of subsection (1) --
"employment termination payment" means --
(a) an employment termination payment within
the meaning of section 82-130 of the ITA
30 Act; or
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(b) a payment that would be an employment
termination payment within the meaning of
section 82-130 of the ITA Act but for the
fact that it was received later than 12 months
5 after the termination of a person's
employment; or
(c) a transitional termination payment within the
meaning of section 82-10 of the Income Tax
(Transitional Provisions) Act 1997 of the
10 Commonwealth;
"termination payment" means --
(a) a payment made in consequence of the
retirement from, or termination of, any office
or employment of an employee, being --
15 (i) an unused annual leave payment; or
(ii) an unused long service leave
payment; or
(iii) so much of an employment
termination payment paid or payable
20 by an employer, whether or not paid
to the employee or to any other
person or body, that would be
included in the assessable income of
an employee under Part 2-40 of the
25 ITA Act if the whole of the
employment termination payment had
been paid to the employee;
or
(b) an amount paid or payable by a company as
30 a consequence of the termination of the
services or office of a director of the
company, whether or not paid to the director
or to any other person or body, that would be
an employment termination payment if that
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amount had been paid or payable as a
consequence of termination of employment;
"unused annual leave payment" has the meaning
given in section 83-10 of the ITA Act;
5 "unused long service leave payment" has the
meaning given in section 83-75 of the ITA Act.
Subdivision 6 -- Allowances
9FA. Motor vehicle allowances
(1) For the purposes of section 9AA(1)(g), the exempt
10 component ("E") of a motor vehicle allowance paid or
payable in respect of a financial year is calculated in
accordance with the formula --
E = K×R
where --
15 K is the number of business kilometres travelled
during the financial year under subsection (2);
R is the exempt rate under subsection (3).
(2) The number of business kilometres travelled during the
financial year is to be determined --
20 (a) if paragraph (b) does not apply to the
employer -- in accordance with the applicable
recording method in the regulations; or
(b) if the Commissioner has, by order in writing,
approved the use, by an employer or class of
25 employer, of another method (including the use
of an estimate) of determining the number of
business kilometres travelled during the
financial year -- in accordance with the method
approved by the Commissioner.
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(3) The exempt rate for the financial year concerned is --
(a) the rate prescribed by the regulations under
section 28-25 of the ITA Act for calculating a
deduction for car expenses for a large car using
5 the "cents per kilometre method" in the
financial year immediately preceding the
financial year in which the allowance is paid or
payable; or
(b) if no rate referred to in paragraph (a) is
10 prescribed under that Act -- the rate prescribed
in the regulations.
9FB. Accommodation allowances
For the purposes of section 9AA(1)(h), the exempt rate
for the financial year concerned is --
15 (a) the total reasonable amount for daily travel
allowance expenses using the lowest capital
city for the lowest salary band for the financial
year determined by the Commissioner of
Taxation of the Commonwealth; or
20 (b) if no determination referred to in paragraph (a)
is in force -- the rate prescribed in the
regulations.
Subdivision 7 -- Employment agents
9GA. Wages include amounts paid by employment agents
25 An amount in respect of services that is paid or payable
by an employment agent, directly or indirectly, to a
person who was engaged to perform the services for a
client of the employment agent, or to some other
person, as a result of which engagement the
30 employment agent receives payment, directly or
indirectly, whether by way of a lump sum or an
ongoing fee, in relation to the period during which the
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services are performed for the client by the person
engaged to perform them is to be taken to be wages
paid or payable by the agent (as an employer) to the
person.
5 Subdivision 8 -- Miscellaneous provisions
9HA. Value of wages paid in kind
The value of wages (except fringe benefits or specified
taxable benefits) that are paid or payable in kind is the
greater of --
10 (a) the value agreed or the value attributed to the
wages in, or the value ascertainable for the
wages from, arrangements between the
employer and the employee, which ever is the
greater of the 3 amounts; and
15 (b) if the regulations prescribe how the value of
wages of that type is to be determined -- the
value determined in accordance with the
regulations.
9HB. GST excluded from wages
20 (1) If wages paid or payable to a person relate to a supply
on which the person is liable to pay GST, the amount
or value of the wages is reduced by the amount of GST
payable by the person in respect of the services to
which the wages relate.
25 (2) Subsection (1) does not apply in respect of the value of
wages comprising a fringe benefit.
9HC. Wages paid by or to third parties
(1) If any of the following amounts of money or other
valuable consideration would, if paid or given directly
30 by an employer to an employee, be or be taken to be
wages paid or payable by the employer to the employee
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for the purposes of this Act, they are to be taken to be
wages paid or payable by the employer to the
employee --
(a) any money or other valuable consideration paid
5 or given, or to be paid or given, to an employee,
for the employee's services as an employee of
an employer, by a person other than the
employer;
(b) any money or other valuable consideration paid
10 or given, or to be paid or given, by an
employer, for an employee's services as the
employee of the employer, to a person other
than the employee;
(c) any money or other valuable consideration paid
15 or given, or to be paid or given, by a person
other than an employer, for an employee's
services as an employee of the employer, to a
person other than the employee.
(2) If any of the following amounts of money or other
20 valuable consideration would, if paid or given directly
by a company to a director of the company, be or be
taken to be wages paid or payable by the company to
the director for the purposes of this Act, they are to be
taken to be wages paid or payable by the company to
25 the director --
(a) any money or other valuable consideration paid
or given, or to be paid or given, to a director of
a company, by way of remuneration for the
appointment or services of the director to the
30 company, by a person other than the company;
(b) any money or other valuable consideration paid
or given, or to be paid or given, by a company,
by way of remuneration for the appointment or
services of the director to the company, to a
35 person other than the director;
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(c) any money or other valuable consideration paid
or given, or to be paid or given, by any person,
by way of remuneration for the appointment or
services of a director to the company, to a
5 person other than the director.
(3) In this section, a reference to a director of a company
includes a reference to --
(a) a person who, under a contract or other
arrangement, is to be appointed as a director of
10 the company; and
(b) a former director of the company.
".
7. Section 26 amended
Section 26(2) is repealed and the following subsections are
15 inserted instead --
"
(2) A monthly return must be in the approved form.
(3) A monthly return must --
(a) for a month other than June -- be lodged within
20 7 days after the end of the month, or within any
further time allowed by the Commissioner in a
particular case; and
(b) for June -- be lodged within 21 days after the
end of the month, or within any further time
25 allowed by the Commissioner in a particular
case.
Penalty: $5 000.
".
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s. 8
8. Section 27 amended
Section 27(2)(c) is amended by deleting "2 months" and
inserting instead --
" 21 days ".
5 9. Section 40 amended
Section 40(3) is repealed.
10. Section 45 amended
Section 45(2)(g) is amended by deleting "clause 2(1)(e) of the
Glossary" and inserting instead --
10 " section 9AA(1)(c) ".
11. Section 46 and Schedule 1 inserted
After section 45 the following section and Schedule are
inserted --
"
15 46. Transitional provisions
Schedule 1 contains transitional provisions relating to
amendments made to this Act.
Schedule 1 -- Transitional provisions
[s. 46]
20 Division 1 -- Provisions for the Pay-roll Tax Assessment
Amendment Act 2008
1. Notices under regulation 26(1) or (2) of the Pay-roll Tax
Assessment Regulations 2003
A notice under regulation 26(1) or (2) of the Pay-roll Tax
25 Assessment Regulations 2003 in relation to the assessment
year commencing on 1 July 2008 (whether given before, on
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s. 12
or after 1 July 2008) has effect as if it were given under
section 9BH(1) or (2), which ever is relevant.
2. Liability to tax if the Pay-roll Tax Assessment
Amendment Act 2008 comes into operation after the start
5 of the assessment year
(1) This clause applies if the Pay-roll Tax Assessment
Amendment Act 2008 receives the Royal Assent later than
1 July 2008.
(2) A person's liability to pay-roll tax under this Act for the
10 assessment year commencing on 1 July 2008 is to be
determined as if the Pay-roll Tax Assessment Amendment
Act 2008 had come into operation on 1 July 2008.
".
12. Glossary amended
15 (1) The Glossary clause 1 is amended as follows:
(a) in the definition of "defined superannuation benefit" by
deleting "scheme" and inserting instead --
" fund ";
(b) in the definition of "defined superannuation benefit" by
20 deleting "participant's" in each place where it occurs
and inserting instead --
" member's ";
(c) in the definition of "individual superannuation guarantee
shortfall" by deleting "Superannuation Guarantee
25 (Administration) Act 1992 of the Commonwealth" and
inserting instead --
" Superannuation Guarantee Act ";
(d) in the definition of "value", paragraph (b), by deleting
"clause 7" and inserting instead --
30 " section 9BB ";
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(e) in the definition of "value", paragraph (c), by deleting
"clause 6" and inserting instead --
" section 9BI ";
(f) in the definition of "value", paragraph (d), by deleting
5 "clause 3" and inserting instead --
" section 9HB ";
(g) in the definition of "value", paragraph (e), by deleting
"clause 6" and inserting instead --
" section 9HA ";
10 (h) in the definition of "wages" by deleting "definition
given in clause 2" and inserting instead --
" meaning given in section 9AA ";
(i) by inserting in the appropriate alphabetical positions --
"
15 "actual value", of a fringe benefit, has the meaning given in
section 9BB(2);
"Australian superannuation fund" means a
superannuation fund that --
(a) was established in Australia, or has any asset
20 situated in Australia; and
(b) has its central management and control in
Australia;
"defined benefit fund" has the meaning given to "defined
benefit superannuation scheme" in section 6 of the
25 Superannuation Guarantee Act;
"director" of a company includes a member of the
governing body of the company;
"FBT year" means a year ending on 31 March;
"ITA Act" means the Income Tax Assessment Act 1997 of
30 the Commonwealth;
"motor vehicle allowance" means an allowance paid by an
employer to a person who provides or maintains a
motor vehicle used for business journeys;
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"option" means an option or right, whether actual,
prospective or contingent, of a person to acquire a
share or to have a share transferred or allotted to the
person;
5 "paid", in relation to wages, includes provided, conferred
and assigned and "pay" and "payable" have
corresponding meanings;
"share" means a share in a company and includes a stapled
security within the meaning of section 139GCD of the
10 Income Tax Assessment Act 1936 of the
Commonwealth;
"superannuation fund" includes --
(a) a superannuation fund within the meaning of the
Superannuation Industry (Supervision) Act 1993
15 of the Commonwealth;
(b) any other form of superannuation, provident or
retirement fund or scheme including --
(i) the Superannuation Holding Accounts
Special Account within the meaning of
20 the Small Superannuation Accounts
Act 1995 of the Commonwealth; and
(ii) a retirement savings account within the
meaning of the Retirement Savings
Accounts Act 1997 of the
25 Commonwealth;
"Superannuation Guarantee Act" means the
Superannuation Guarantee (Administration) Act 1992
of the Commonwealth;
"WA fringe benefits" means fringe benefits that are WA
30 taxable wages on which fringe benefits tax (imposed
under the Fringe Benefits Tax Act 1986 of the
Commonwealth) is paid or payable;
"WA taxable wages" has the meaning given in section 6A.
";
35 (j) by deleting the definitions of "assessable income",
"Australian superannuation scheme", "eligible
termination payment", " 'otherwise deductible' rule",
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"participant", "regulated superannuation fund",
"superannuation fund", "superannuation guarantee
charge", "superannuation scheme", "unfunded public
sector superannuation scheme", "WA taxable wages"
5 and "work-related benefit".
(2) The Glossary clauses 2 to 12 are repealed.
Division 3 -- Amendments to commence on 1 July 2009
13. Section 31 amended
Section 31(4) is amended by deleting all of the subsection from
10 and including "if the Commissioner" and inserting a full stop
instead.
14. Section 32 amended
Section 32(3) and (4) are repealed and the following subsection
is inserted instead --
15 "
(3) The Commissioner may exclude a person from a group
in accordance with section 38.
".
15. Section 33 amended
20 Section 33(7) is amended by deleting "related corporation" and
inserting instead --
" related body corporate ".
16. Section 35 replaced by sections 35A to 35D
Section 35 is repealed and the following sections are inserted
25 instead --
"
35A. Groups arising from tracing of interests in
corporations
(1) An entity and a corporation form part of a group if the
30 entity has a controlling interest in the corporation.
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Pay-roll Tax Assessment Amendment Bill 2008
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s. 16
(2) An entity has a controlling interest in a corporation if
the corporation has share capital and --
(a) the entity has a direct interest in the corporation
the value of which exceeds 50%; or
5 (b) the entity has an indirect interest in the
corporation the value of which exceeds 50%; or
(c) the entity has an aggregate interest in the
corporation the value of which exceeds 50%.
(3) The Commissioner may exclude an entity from a group
10 in accordance with section 38.
(4) For the purposes of this section --
"associated person" means a person who is associated
with another person in accordance with any of the
following --
15 (a) persons are associated persons if they are
related persons;
(b) individuals are associated persons if they are
partners in a partnership;
(c) private companies are associated persons if
20 common shareholders have a majority
interest in each private company;
(d) trustees are associated persons if any person
is a beneficiary common to the trusts (not
including a public unit trust scheme) of
25 which they are trustees;
(e) a private company and a trustee are
associated persons if a related body
corporate of the company is a beneficiary of
the trust (not including a public unit trust
30 scheme) of which the trustee is a trustee;
"entity" means --
(a) a person; or
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Pay-roll Tax Assessment Amendment Bill 2008
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Division 3 Amendments to commence on 1 July 2009
s. 16
(b) 2 or more persons who are associated
persons;
"private company" means a company that is not
limited by shares, or whose shares are not quoted
5 on the Australian Stock Exchange or any exchange
of the World Federation of Exchanges;
"related person" means a person who is related to
another person in accordance with any of the
following --
10 (a) individuals are related persons if --
(i) one is the spouse or de facto partner
of the other; or
(ii) the relationship between them is that
of parent and child, brothers, sisters,
15 or brother and sister;
(b) private companies are related persons if they
are related bodies corporate;
(c) an individual and a private company are
related persons if the individual is a majority
20 shareholder or director of the company or of
another private company that is a related
body corporate of the company;
(d) an individual and a trustee are related
persons if the individual is a beneficiary of
25 the trust (not being a public unit trust
scheme) of which the trustee is a trustee;
(e) a private company and a trustee are related
persons if the company, or a majority
shareholder or director of the company, is a
30 beneficiary of the trust (not being a public
unit trust scheme) of which the trustee is a
trustee.
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Pay-roll Tax Assessment Amendment Bill 2008
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Amendments to commence on 1 July 2009 Division 3
s. 16
35B. Direct interests
(1) An entity has a "direct interest" in a corporation if --
(a) in the case of an entity that is a person -- the
person can, directly or indirectly, exercise,
5 control the exercise of, or substantially
influence the exercise of, the voting power
attached to any voting shares issued by the
corporation; or
(b) in the case of an entity that is 2 or more persons
10 who are associated persons -- each of the
associated persons can, directly or indirectly,
exercise, control the exercise of, or
substantially influence the exercise of, the
voting power attached to any voting shares
15 issued by the corporation.
(2) The value of the direct interest of the entity in the
corporation is the proportion (expressed as a
percentage) of the voting power of all voting shares
issued by the corporation that --
20 (a) in the case of an entity that is a person -- the
person can directly or indirectly exercise,
control the exercise of, or substantially
influence the exercise of; or
(b) in the case of an entity that is 2 or more persons
25 who are associated persons -- the associated
persons can, if acting together, directly or
indirectly exercise, control the exercise of, or
substantially influence the exercise of.
35C. Indirect interests
30 (1) An entity has an "indirect interest" in a corporation if
the corporation is linked to another corporation (the
"directly controlled corporation") in which the entity
has a direct interest.
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Division 3 Amendments to commence on 1 July 2009
s. 16
(2) A corporation is linked to a directly controlled
corporation if the corporation is part of a chain of
corporations --
(a) that starts with the directly controlled
5 corporation; and
(b) in which a link in the chain is formed if a
corporation has a direct interest in the next
corporation in the chain.
(3) The value of the indirect interest of an entity in a
10 corporation (an "indirectly controlled corporation")
that is linked to a directly controlled corporation is
calculated by multiplying together the following --
(a) the value of the direct interest of the entity in
the directly controlled corporation;
15 (b) the value of each direct interest that forms a
link in the chain of corporations by which the
indirectly controlled corporation is linked to the
directly controlled corporation.
(4) If an entity has more than one indirect interest in a
20 corporation, the value of those interests is worked out
under section 35D.
35D. Aggregate interests
(1) An entity has an "aggregate interest" in a corporation
if --
25 (a) the entity has a direct interest and one or more
indirect interests in the corporation; or
(b) the entity has more than one indirect interest in
the corporation.
(2) The value of the aggregate interest of an entity in a
30 corporation is the sum of the following --
(a) the value of the direct interest (if any) of the
entity in the corporation;
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Pay-roll Tax Assessment Amendment Bill 2008
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Amendments to commence on 1 July 2009 Division 3
s. 17
(b) the value of each indirect interest of the entity
in the corporation.
".
17. Section 36 amended
5 (1) Section 36(3) is amended by deleting all of the subsection from
and including "except for the purpose of " and inserting a full
stop instead.
(2) After section 36(3) the following subsection is inserted --
"
10 (4) The Commissioner may exclude a person from a group
in accordance with section 38.
".
18. Section 38 amended
Section 38(1) is repealed and the following subsection is
15 inserted instead --
"
(1) The Commissioner may exclude a person from a group
under section 31(4), 32(3), 35A(3) or 36(4) in relation
to a business carried on by the person if satisfied that
20 the business is carried on independently of, and is not
connected with the carrying on of, a business carried
on by any other member of the group, having regard
to --
(a) the nature and degree of ownership and control
25 of the businesses; and
(b) the nature of the businesses; and
(c) any other matters the Commissioner considers
relevant.
".
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Pay-roll Tax Assessment Amendment Bill 2008
Part 2 Amendment of the Pay-roll Tax Assessment Act 2002
Division 3 Amendments to commence on 1 July 2009
s. 19
19. Glossary amended
The Glossary clause 1 is amended as follows:
(a) by inserting the following in the appropriate alphabetical
position --
5 "
"related body corporate" has the meaning given in
section 9 of the Corporations Act;
";
(b) by deleting the definition of "related corporation".
page 40
Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Regulations 2003 Part 3
s. 20
Part 3 -- Amendment of the Pay-roll Tax Assessment
Regulations 2003
20. The regulations amended
The amendments in this Part are to the Pay-roll Tax Assessment
5 Regulations 2003.
21. Regulation 5 amended
Regulation 5 is amended by deleting "clause 2(1)(e) in the
Glossary to" and inserting instead --
" section 9AA(1)(c) of ".
10 22. Regulation 6 amended
Regulation 6(c) is deleted.
23. Regulations 12 and 14 amended
Regulations 12 and 14 are amended by deleting "clause 6 in the
Glossary to" and inserting instead --
15 " section 9BI of ".
24. Regulations 16 to 18 repealed
Regulations 16, 17 and 18 are repealed.
25. Regulations 19 to 26 repealed
Regulations 19, 20, 21, 22, 23, 24, 25 and 26 are repealed.
20 26. Heading to Part 3 amended
The heading to Part 3 is deleted and the following heading is
inserted instead --
"
Part 3 -- Allowances
25 ".
page 41
Pay-roll Tax Assessment Amendment Bill 2008
Part 3 Amendment of the Pay-roll Tax Assessment Regulations 2003
s. 27
27. Regulations 28 and 29 repealed
Regulations 28 and 29 are repealed.
28. Regulation 30 amended
Regulation 30 is amended by deleting "The number" and
5 inserting instead --
" For the purposes of section 9FA(2), the number ".
29. Regulation 31 repealed
Regulation 31 is repealed.
30. Part 3 Division 2 repealed
10 Part 3 Division 2 is repealed.
31. Regulation 41 amended
Regulation 41(1) is amended by deleting "If an amount
contributed to a superannuation scheme is taken by clause 8 in
the Glossary to the Act to be paid" and inserting instead --
15 "
If a superannuation contribution to a superannuation
fund is taken by section 9CB of the Act to be wages
paid
".
20 32. Regulation 42 amended
(1) Regulation 42(1) is amended by deleting "participant" and
inserting instead --
" member of a fund ".
(2) Regulation 42(2) and (4) are amended by deleting "participants
25 in a scheme" and inserting instead --
" members ".
page 42
Pay-roll Tax Assessment Amendment Bill 2008
Amendment of the Pay-roll Tax Assessment Regulations 2003 Part 3
s. 33
(3) Regulation 42(3) is amended by deleting "participant" and
inserting instead --
" member ".
33. Regulation 43 repealed
5 Regulation 43 is repealed.
34. Regulation 44 amended
(1) Regulation 44(1), (2), (3) and (4) are amended by deleting
"participant" and inserting instead --
" member ".
10 (2) Regulation 44(1), (2) and (3) are amended by deleting
"participants" and inserting instead --
" member ".
35. Glossary amended
The Glossary clause 1 is amended as follows:
15 (a) in the definition of "redundancy benefits scheme" by
deleting "as defined in clause 1 in the Glossary to the
Act";
(b) in the definition of "vehicle" by deleting "vehicle;" and
inserting instead --
20 " vehicle. ";
(c) by deleting the definitions of "actual value method",
"adjustment period", "contribution day", "employee
share acquisition scheme", "estimated value method",
"FBT year", "fringe benefits tax", "grossed-up value",
25 "motor vehicle allowance", "qualified valuer",
"recognised financial market", "unlisted public unit
trust" and "WA fringe benefits".
Note: The heading to regulation 42 will be altered by deleting "participants"
and inserting instead "members".
page 43
Pay-roll Tax Assessment Amendment Bill 2008
Part 3 Amendment of the Pay-roll Tax Assessment Regulations 2003
s. 36
36. Power to amend or repeal regulations unaffected
This Part does not prevent the Pay-roll Tax Assessment
Regulations 2003 from being amended or repealed under the
Pay-roll Tax Assessment Act 2002.
5
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