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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 2010 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Pay-roll Tax Assessment Act 2002 amended Division 1 -- Act amended 3. Act amended 3 Division 2 -- Amendments relating to taxable wages 4. Section 5A inserted 3 5A. Notes in the text 3 5. Section 5 amended 3 6. Sections 6A to 6D inserted 4 6A. Wages that are taxable in this jurisdiction 4 6B. Jurisdiction in which person who performs services is based 7 6C. Jurisdiction in which employer is based 7 6D. Place and date of payment of wages 8 7. Part 2 Division 2A inserted 10 Division 2A -- Wages Subdivision 1 -- General concept of wages 9AA. Term used: wages 10 Subdivision 2 -- Fringe benefits and specified taxable benefits 9BA. Wages include fringe benefits and specified taxable benefits 11 9BB. Actual value of a fringe benefit 11 9BC. Basis for including the value of fringe benefits in returns 12 9BD. Eligibility to use estimated value method 12 107--1 page i Pay-roll Tax Assessment Amendment Bill 2010 Contents 9BE. Returns (other than annual returns) using the estimated value method 13 9BF. Annual returns using the estimated value method 13 9BG. Final returns using the estimated value method 14 9BH. Changing method of valuing fringe benefits 14 9BI. Value of a specified taxable benefit 16 Subdivision 3 -- Superannuation contributions 9CA. Terms used 17 9CB. Wages include superannuation contributions and other similar amounts 17 9CC. Superannuation contributions 19 9CD. Notional contributions 20 Subdivision 4 -- Shares and options 9DA. Wages include shares and options granted to employees 20 9DB. Relevant day -- choice of 22 9DC. Relevant day -- special cases 22 9DD. Value of shares and options 23 9DE. Effect of rescission, cancellation etc. of share or option 24 9DF. Grant of share under exercise of option 25 9DG. Wages include certain shares and options granted to directors 25 9DH. Place where wages (as shares or options) are payable 26 Subdivision 5 -- Termination payments 9EA. Wages include termination payments 26 Subdivision 6 -- Allowances 9FA. Motor vehicle allowances 28 9FB. Accommodation allowances 29 Subdivision 7 -- Employment agents 9GA. Wages include amounts paid by employment agents 29 Subdivision 8 -- Miscellaneous provisions 9HA. Value of wages paid in kind 30 9HB. GST excluded from wages 30 9HC. Wages paid by or to third parties 31 8. Section 21 amended 32 9. Section 26 amended 32 10. Section 27 amended 33 11. Section 31 amended 33 12. Part 5 heading replaced 33 page ii Pay-roll Tax Assessment Amendment Bill 2010 Contents Part 5 -- Exempt wages 13. Section 40 amended 33 14. Sections 41A and 41B inserted 34 41A. Exempt wages -- parental and adoption leave 34 41B. Exempt wages -- wages paid or payable for or in relation to services performed in other countries 35 15. Part 6 heading inserted 36 Part 6 -- Miscellaneous 16. Section 45 amended 36 17. Section 46 and Schedule 1 inserted 36 46. Transitional provisions 36 Schedule 1 -- Transitional provisions Division 1 -- Provisions for the Pay-roll Tax Assessment Amendment Act 2010 in relation to taxable wages 1. Liability to tax for the assessment year commencing on 1 July 2009 36 2. Shares and options granted on or after 1 July 2009 and before the Pay-roll Tax Assessment Amendment Act 2010 received the Royal Assent 37 3. Notices under the Pay-roll Tax Assessment Regulations 2003 regulation 26(1) or (2) 38 18. Glossary amended 38 19. Various penalties amended 42 Division 3 -- Amendments relating to grouping of employers 20. Section 31 amended 43 21. Section 32 amended 43 22. Section 33 amended 43 23. Section 35 replaced 43 35A. Groups arising from tracing of interests in corporations 43 35B. Direct interests 45 35C. Indirect interests 46 35D. Aggregate interests 47 24. Section 36 amended 48 25. Section 38 amended 48 26. Schedule 1 amended 49 page iii Pay-roll Tax Assessment Amendment Bill 2010 Contents Division 2 -- Provisions for the Pay-roll Tax Assessment Amendment Act 2010 in relation to grouping of employers 4. Exclusion, from a group, in force before 1 July 2012 49 5. Exclusion, from a group, granted on or after 1 July 2012 49 6. Exclusion, from a group, having effect before 1 July 2012 49 27. Glossary amended 49 Part 3 -- Pay-roll Tax Assessment Regulations 2003 amended 28. Regulations amended 50 29. Regulation 5 amended 50 30. Regulation 12 amended 50 31. Regulation 14 amended 50 32. Regulations 16 to 18 deleted 50 33. Regulations 19 to 26 deleted 50 34. Part 3 heading replaced 51 Part 3 -- Allowances 35. Regulations 28 and 29 deleted 51 36. Regulation 30 amended 51 37. Regulation 31 deleted 51 38. Part 3 Division 2 deleted 51 39. Regulation 41 amended 51 40. Regulation 42 amended 52 41. Regulation 43 deleted 52 42. Regulation 44 amended 52 43. Regulation 46 amended 54 44. Glossary amended 56 45. Power to amend or repeal regulations unaffected 57 page iv Western Australia LEGISLATIVE ASSEMBLY Pay-roll Tax Assessment Amendment Bill 2010 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 2010 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Pay-roll Tax Assessment Amendment Act 2010. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1, Part 2 Divisions 1 and 2 and Part 3 -- on the day 7 on which this Act receives the Royal Assent; 8 (b) Part 2 Division 3 -- 1 July 2012. page 2 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Act amended Division 1 s. 3 1 Part 2 -- Pay-roll Tax Assessment Act 2002 amended 2 Division 1 -- Act amended 3 3. Act amended 4 This Part amends the Pay-roll Tax Assessment Act 2002. 5 Division 2 -- Amendments relating to taxable wages 6 4. Section 5A inserted 7 After section 4 insert: 8 9 5A. Notes in the text 10 A note included in this Act is explanatory and is not 11 part of this Act. 12 13 5. Section 5 amended 14 (1) In section 5(1) delete "taxable in Western Australia under 15 subsection (2) except wages that are exempt under section 40." 16 and insert: 17 18 WA taxable wages. 19 20 (2) Delete section 5(2) and insert: 21 22 (2) WA taxable wages are wages, other than exempt 23 wages, that are taxable in this jurisdiction. 24 25 Note: The heading to amended section 5 is to read: 26 Pay-roll tax on WA taxable wages page 3 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 6 1 6. Sections 6A to 6D inserted 2 After section 5 insert: 3 4 6A. Wages that are taxable in this jurisdiction 5 (1) Wages are taxable in this jurisdiction if -- 6 (a) the wages are paid or payable by an employer 7 for or in relation to services performed by a 8 person wholly in this jurisdiction; or 9 (b) the wages are paid or payable by an employer 10 for or in relation to services performed by a 11 person in 2 or more Australian jurisdictions, or 12 partly in one or more Australian jurisdictions 13 and partly outside all Australian jurisdictions, 14 and -- 15 (i) the person is based in this jurisdiction; 16 or 17 (ii) the employer is based in this 18 jurisdiction -- in a case where the 19 person is not based in an Australian 20 jurisdiction; or 21 (iii) the wages are paid or payable in this 22 jurisdiction -- in a case where both the 23 person and the employer are not based 24 in an Australian jurisdiction; or 25 (iv) the wages are paid or payable for 26 services performed mainly in this 27 jurisdiction -- in a case where both the 28 person and employer are not based in an 29 Australian jurisdiction and the wages 30 are not paid or payable in an Australian 31 jurisdiction; 32 or page 4 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 6 1 (c) the wages are paid or payable by an employer 2 for or in relation to services performed by a 3 person wholly outside all Australian 4 jurisdictions and are paid or payable in this 5 jurisdiction. 6 Note: Section 41B provides an exemption for wages paid or payable for 7 services performed wholly in one or more other countries for a 8 continuous period of more than 6 months. 9 (2) The question of whether wages are taxable in this 10 jurisdiction is, subject to this section, to be determined 11 by reference only to the services performed by the 12 person in respect of the employer during the month in 13 which the wages are paid or payable. 14 (3) For that purpose, any wages paid or payable by an 15 employer in respect of a person in a particular month 16 are taken to be paid or payable for or in relation to the 17 services performed by the person in respect of the 18 employer during that month. 19 Note: For example, if wages paid in a month are paid to a person for services 20 performed over several months, the question of whether the wages are 21 taxable in this jurisdiction is to be determined by reference only to 22 services performed by the person in the month in which the wages are 23 paid. The services performed in previous months are disregarded for 24 this purpose. 25 (4) If no services are performed by a person in respect of 26 an employer during a month in which wages are paid 27 or payable to or in relation to the person by the 28 employer -- 29 (a) the question of whether the wages are taxable 30 in this jurisdiction is to be determined by 31 reference only to the services performed by the 32 person in respect of the employer during the 33 most recent prior month in which the person 34 performed services in respect of the employer; 35 and page 5 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 6 1 (b) the wages are taken to be paid or payable for or 2 in relation to the services performed by the 3 person in respect of the employer during that 4 most recent prior month. 5 (5) If no services are performed by a person in respect of 6 an employer during a month in which wages are paid 7 or payable to or in relation to the person by the 8 employer and no services were performed by the 9 person in respect of the employer during any prior 10 month -- 11 (a) the wages are taken to be paid or payable for or 12 in relation to services performed by the person 13 during the month in which the wages are paid 14 or payable; and 15 (b) the services are taken to have been performed 16 at a place or places where it may be reasonably 17 expected that the services of the person in 18 respect of the employer will be performed. 19 (6) All amounts of wages paid or payable in the same 20 month by the same employer in respect of the same 21 person are to be aggregated for the purposes of 22 determining whether they are taxable in this 23 jurisdiction. 24 Note: For example, if one amount of wages is paid by an employer in a 25 particular month for services performed in this jurisdiction, and another 26 amount of wages is paid by the same employer in the same month for 27 services performed by the same person in another Australian 28 jurisdiction, the wages paid are to be aggregated as if they were paid 29 for all the services performed by the person in that month. 30 (7) If wages are paid in a different month from the month 31 in which they are payable, the question of whether the 32 wages are taxable in this jurisdiction is to be 33 determined by reference to the earlier of the relevant 34 months. page 6 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 6 1 (8) If an amount that is paid or payable to a company is, 2 under section 9GA or 21, taken to be wages paid or 3 payable to another person, subsection (1)(b) has effect 4 as if references to the jurisdiction in which the person 5 who performs the services is based were references to 6 the jurisdiction in which the company is based and, for 7 that purpose, the jurisdiction in which the company is 8 based is to be worked out under section 6C as if the 9 company were an employer. 10 6B. Jurisdiction in which person who performs services 11 is based 12 (1) The jurisdiction in which a person who performs 13 services is based is the jurisdiction in which the 14 person's principal place of residence is located. 15 (2) The jurisdiction in which the person is based is to be 16 determined by reference to the state of affairs existing 17 during the month in which the relevant wages are paid 18 or payable. 19 (3) If more than one jurisdiction would qualify as the 20 jurisdiction in which the person is based during a 21 month, the jurisdiction in which the person is based is 22 to be determined by reference to the state of affairs 23 existing on the last day of that month. 24 (4) If the person does not have a principal place of 25 residence, the person is taken to be a person who is not 26 based in an Australian jurisdiction. 27 6C. Jurisdiction in which employer is based 28 (1) The jurisdiction in which an employer is based is -- 29 (a) the jurisdiction in which the employer's 30 registered business address is located -- if the 31 employer has an ABN; or page 7 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 6 1 (b) the jurisdiction in which the employer's 2 principal place of business is located -- in any 3 other case. 4 (2) If wages are paid or payable in connection with a 5 business carried on by an employer under a trust, the 6 employer's registered business address is the registered 7 business address of the trust or, if the trust does not 8 have an ABN, the registered business address of the 9 trustee of the trust. 10 (3) If an employer has registered business addresses 11 located in different jurisdictions at the same point in 12 time, the jurisdiction in which the employer is based at 13 that point in time is the jurisdiction in which the 14 employer's principal place of business is located. 15 (4) The jurisdiction in which an employer is based is to be 16 determined by reference to the state of affairs existing 17 during the month in which the relevant wages are paid 18 or payable. 19 (5) If more than one jurisdiction would qualify as the 20 jurisdiction in which an employer is based during a 21 month, the jurisdiction in which the employer is based 22 is to be determined by reference to the state of affairs 23 existing on the last day of that month. 24 (6) An employer who has neither a registered business 25 address nor a principal place of business is taken to be 26 an employer who is not based in an Australian 27 jurisdiction. 28 6D. Place and date of payment of wages 29 (1) In this section -- 30 instrument includes a cheque, bill of exchange, 31 promissory note, money order or a postal order issued 32 by a post office. page 8 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 6 1 (2) Wages are taken to have been paid at a place if, for the 2 purpose of the payment of those wages -- 3 (a) an instrument is sent or given or an amount is 4 transferred by an employer to a person or a 5 person's agent at that place; or 6 (b) an instruction is given by an employer for the 7 crediting of an amount to the account of a 8 person or a person's agent at that place. 9 (3) The wages are taken to have been paid on the date that 10 the instrument was sent or given, the amount was 11 transferred or the account credited in accordance with 12 the instruction (whichever is relevant). 13 (4) Subject to this section, wages are taken to be payable at 14 the place at which they are paid. 15 (5) Wages that are not paid by the end of the month in 16 which they are payable are taken to be payable at -- 17 (a) the place where wages were last paid by the 18 employer for or in relation to services 19 performed by the person; or 20 (b) if wages have not previously been paid by the 21 employer for or in relation to services 22 performed by the person -- the place where the 23 person last performed services in respect of the 24 employer before the wages became payable. 25 (6) If wages paid or payable in the same month by the 26 same employer in respect of the same person are paid 27 or payable in more than one Australian jurisdiction, the 28 wages paid or payable in that month are taken to be 29 paid or payable in the Australian jurisdiction in which 30 the highest proportion of the wages are paid or payable. 31 page 9 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 7. Part 2 Division 2A inserted 2 After Part 2 Division 1 insert: 3 4 Division 2A -- Wages 5 Subdivision 1 -- General concept of wages 6 9AA. Term used: wages 7 (1) In this Act -- 8 wages means -- 9 (a) wages, remuneration, salary, commission, 10 bonuses or allowances paid or payable to or in 11 relation to an employee; and 12 (b) an amount paid or payable by way of 13 remuneration to a person holding an office 14 under, or in the service of, the Crown in right of 15 the State of Western Australia; and 16 (c) an amount paid or payable under a contract in a 17 class of contract prescribed under 18 section 45(2)(g), to the extent to which that 19 payment is attributable to labour; and 20 (d) an amount paid or payable by a company by 21 way of remuneration to or in relation to a 22 director of that company; and 23 (e) an amount paid or payable by way of 24 commission to an insurance or time-payment 25 canvasser or collector; and 26 (f) an amount that is taken to be wages paid or 27 payable by an employer to a person by another 28 provision of this Division; and 29 (g) a motor vehicle allowance paid or payable to an 30 employee for a financial year, to the extent to 31 which it exceeds the exempt component 32 determined under section 9FA; and page 10 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 (h) an accommodation allowance paid or payable 2 to an employee in a financial year in respect of 3 a night's absence from the person's usual place 4 of residence, to the extent to which it exceeds 5 the exempt rate determined under section 9FB. 6 (2) Wages, remuneration, salary, commission, bonuses, 7 allowances or other amounts referred to in 8 subsection (1) are wages -- 9 (a) whether paid or payable at piece work rates or 10 otherwise; and 11 (b) whether paid or payable in cash or in kind. 12 Subdivision 2 -- Fringe benefits and specified 13 taxable benefits 14 9BA. Wages include fringe benefits and specified taxable 15 benefits 16 (1) The value of a fringe benefit or a specified taxable 17 benefit that is provided by an employer to or in relation 18 to an employee is taken to be wages paid by the 19 employer to the employee unless the benefit is a fringe 20 benefit constituted by the grant of a share or an option 21 the value of which is taken to be wages under 22 Subdivision 4. 23 (2) Subsection (1) does not apply to benefits that are 24 exempt benefits for the purposes of the FBTA Act. 25 9BB. Actual value of a fringe benefit 26 (1) The value of a fringe benefit (V) is to be calculated in 27 accordance with the formula -- 1 28 V = TV × 1 − FBT rate page 11 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 where -- 2 FBT rate is the rate of fringe benefits tax, imposed for 3 the purposes of the FBTA Act, that applies when the 4 liability to pay-roll tax under this Act arises; 5 TV is the taxable value of the benefit as a fringe benefit 6 for the purposes of the FBTA Act. 7 (2) The value of a fringe benefit calculated in accordance 8 with subsection (1) is the actual value of the fringe 9 benefit. 10 9BC. Basis for including the value of fringe benefits in 11 returns 12 (1) If an employer is required to specify in a return WA 13 taxable wages that include the value of fringe benefits 14 provided by the employer, the employer may, instead 15 of including the actual value of the fringe benefits, 16 include a value of the fringe benefits calculated using 17 the estimated value method, if the employer is eligible 18 to do so. 19 (2) An employer must use the same basis upon which to 20 include the value of fringe benefits in returns for all 21 returns for an assessment year unless the 22 Commissioner allows a change during that year under 23 section 9BH(4). 24 9BD. Eligibility to use estimated value method 25 An employer is eligible to use the estimated value 26 method to calculate the value of fringe benefits 27 provided by the employer in an assessment year if the 28 employer -- 29 (a) has provided WA fringe benefits for at least the 30 15 months ending immediately before the 31 beginning of the assessment year; and 32 (b) lodges monthly returns for the assessment year. page 12 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 9BE. Returns (other than annual returns) using the 2 estimated value method 3 (1) If an employer, other than one who lodges an annual 4 return, uses the estimated value method for an 5 assessment year, the value of the fringe benefits (V) to 6 be included in each return for the year except the last 7 return is to be calculated in accordance with the 8 formula -- 1 9 V = AV × N 10 where -- 11 AV is the actual value of the fringe benefits provided 12 by the employer in relation to the FBT year ending on 13 31 March in the financial year immediately before the 14 assessment year; 15 N is the number of returns in the assessment year. 16 (2) The value of the fringe benefits to be included in the 17 employer's last return for the assessment year is the 18 amount equal to the difference between -- 19 (a) the actual value of the WA fringe benefits 20 provided by the employer during the FBT year 21 that ended on 31 March in the assessment year; 22 and 23 (b) the sum of the amounts included in each of the 24 previous returns for the assessment year under 25 subsection (1). 26 9BF. Annual returns using the estimated value method 27 If an employer who lodges an annual return for an 28 assessment year uses the estimated value method for 29 the assessment year, the value of the fringe benefits to 30 be included in the return is the amount equal to the 31 actual value of the WA fringe benefits provided by the page 13 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 employer for the FBT year that ended on 31 March in 2 the assessment year. 3 9BG. Final returns using the estimated value method 4 If an employer who uses the estimated value method 5 lodges a final return for an assessment year, the value 6 of the fringe benefits to be included in the return is the 7 amount equal to the difference between -- 8 (a) the sum of -- 9 (i) the WA fringe benefits provided by the 10 employer for the FBT year that ended 11 on 31 March in the assessment year; and 12 (ii) the WA fringe benefits provided by the 13 employer for April, May and June in the 14 assessment year (if any); 15 and 16 (b) the sum of -- 17 (i) one quarter of the WA fringe benefits 18 provided by the employer for the FBT 19 year that ended in the first financial year 20 for which the employer last chose to 21 make returns using the estimated value 22 method; and 23 (ii) the total of the amounts of WA fringe 24 benefits included in the returns for the 25 assessment year. 26 9BH. Changing method of valuing fringe benefits 27 (1) An employer may commence using the estimated value 28 method for an assessment year if the employer -- 29 (a) is eligible to use the estimated value method; 30 and 31 (b) gives the Commissioner notice of the intention 32 to do so before the day on which the first or page 14 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 only return for the assessment year is required 2 to be lodged by the employer. 3 (2) An employer may cease using the estimated value 4 method for an assessment year if the employer gives 5 the Commissioner notice of the intention to do so 6 before the day on which the first or only return for the 7 assessment year is required to be lodged by the 8 employer. 9 (3) A notice under subsection (1) or (2) must be in a form 10 approved by the Commissioner. 11 (4) On the written application of an employer, the 12 Commissioner may allow the employer to change the 13 basis upon which to include the value of fringe benefits 14 in returns during an assessment year if the 15 Commissioner is satisfied that -- 16 (a) there is a compelling reason for making the 17 change; and 18 (b) where relevant -- if the change were not made, 19 the amount of pay-roll tax paid by the employer 20 during the assessment year would be 21 substantially greater than the amount payable 22 for the assessment year on the actual value of 23 the fringe benefits provided by the employer for 24 the assessment year. 25 (5) If an employer ceases using the estimated value 26 method during an assessment year, the value of the 27 fringe benefits to be included in the last return lodged 28 by the employer for the assessment year is the amount 29 equal to the difference between -- 30 (a) the sum of -- 31 (i) the actual value of the WA fringe 32 benefits provided by the employer for 33 the FBT year ending on 31 March in the 34 assessment year; and page 15 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 (ii) the actual value of the WA fringe 2 benefits provided by the employer in 3 April, May and June of the assessment 4 year (if any); 5 and 6 (b) the sum of -- 7 (i) one quarter of the actual value of the 8 WA fringe benefits provided by the 9 employer for the FBT year that ended in 10 the first financial year in which the 11 employer last chose to make returns 12 using the estimated value method; and 13 (ii) the total of the amounts of the WA 14 fringe benefits included in the 15 employer's returns for the assessment 16 year. 17 (6) If an employer commences using the estimated value 18 method during an assessment year, the value of the 19 fringe benefits to be included in the last return lodged 20 by the employer for the assessment year is the amount 21 equal to the difference between -- 22 (a) the actual value of the WA fringe benefits 23 provided by the employer for the FBT year 24 ending on 31 March in the assessment year; and 25 (b) the total of the amounts of the WA fringe 26 benefits included in the employer's returns for 27 the assessment year. 28 9BI. Value of a specified taxable benefit 29 The value of a specified taxable benefit is the 30 prescribed value, or the value calculated in the 31 prescribed manner (whichever is relevant). page 16 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 Subdivision 3 -- Superannuation contributions 2 9CA. Terms used 3 For the purposes of this Subdivision -- 4 employee includes -- 5 (a) any person to whom, because of paragraph (a), 6 (b), (c), (d) or (e) of the definition of wages in 7 section 9AA(1), an amount paid or payable in 8 the circumstances referred to in that paragraph 9 constitutes wages; and 10 (b) a director of a company to whom paragraph (a) 11 does not apply; 12 employer, of a director referred to in the definition of 13 employee paragraph (b), means the company; 14 notional contribution has the meaning given in 15 section 9CD; 16 superannuation contribution has the meaning given in 17 section 9CC. 18 9CB. Wages include superannuation contributions and 19 other similar amounts 20 (1) The amount of each of the following is taken to be 21 wages paid by the employer to the employee in the 22 return period -- 23 (a) a superannuation contribution made by an 24 employer in respect of an employee in a return 25 period of the employer; 26 (b) a notional contribution taken to have been made 27 by an employer in respect of an employee in a 28 return period of the employer; 29 (c) an individual superannuation guarantee 30 shortfall that an employer has for an employee 31 for a return period of the employer. page 17 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 (2) If a notional contribution is taken to have been made 2 by an employer, in respect of an employee, to a 3 superannuation fund in a return period, no contribution 4 made to the fund by the employer, in respect of the 5 employee, in the return period to make provision for 6 the cost referred to in section 9CD(3) is taken to be 7 wages under subsection (1). 8 (3) If -- 9 (a) a superannuation contribution that was payable, 10 but not paid, or was required to be credited as a 11 contribution, but was not, by an employer in 12 respect of an employee is taken to be wages 13 paid by the employer to the employee in a 14 return period under subsection (1); and 15 (b) an individual superannuation guarantee 16 shortfall results wholly or in part from the 17 employer's failure to pay or credit the 18 contribution, 19 the amount of the individual superannuation guarantee 20 shortfall is reduced (but not to below zero) by the 21 amount of the superannuation contribution referred to 22 in paragraph (a). 23 (4) Section 6D(5) applies to -- 24 (a) a superannuation contribution that is payable 25 but not paid or is or is required to be credited as 26 a contribution; and 27 (b) a notional contribution; and 28 (c) an individual superannuation guarantee 29 shortfall, 30 as if -- 31 (d) it referred to contributions rather than wages; 32 and page 18 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 (e) an amount that is or is required to be credited as 2 a contribution, a notional contribution and an 3 individual superannuation guarantee shortfall 4 were contributions payable. 5 (5) For the purposes of subsection (1)(c) -- 6 (a) the individual superannuation guarantee 7 shortfall referred to is reduced by any amount 8 of the shortfall arising under the 9 Superannuation Guarantee Act section 19 10 because of contributions not made in 11 compliance with the choice of fund 12 requirements; and 13 (b) if an employer has an individual 14 superannuation guarantee shortfall for an 15 employee for a quarter (within the meaning 16 given in the Superannuation Guarantee Act 17 section 6), the shortfall is taken to be for the 18 last month of the quarter. 19 9CC. Superannuation contributions 20 (1) A superannuation contribution is made by an employer 21 in respect of an employee if -- 22 (a) a contribution is paid or payable by an 23 employer to or as a superannuation fund in 24 respect of the employee; or 25 (b) an amount, although not paid or payable, is or 26 is required to be credited under a 27 superannuation fund as an employer's 28 contribution in respect of an employee. 29 (2) Subsection (1)(b) applies only in respect of an 30 Australian superannuation fund that does not provide 31 for any defined superannuation benefits in respect of 32 any person. page 19 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 (3) Setting aside any money or anything that is worth 2 money as, or as part of, a superannuation fund is taken 3 to be paying a contribution. 4 (4) Making a contribution of anything that is worth money 5 is taken to be paying a contribution of the amount 6 equal to its value, and its value is to be worked out in 7 accordance with section 9HA as if that section referred 8 to the contribution instead of to wages. 9 9CD. Notional contributions 10 (1) Notional contributions are taken to have been made by 11 an employer in respect of an employee if -- 12 (a) the employee is a member of an Australian 13 superannuation fund; and 14 (b) the fund is a defined benefit fund. 15 (2) For each return period of the employer in which the 16 employee accrues an entitlement to a defined 17 superannuation benefit from the fund, a notional 18 contribution is taken to have been made to the fund in 19 the return period by the employer in respect of the 20 employee. 21 (3) The amount of the notional contribution is the amount 22 that an actuary determines would be sufficient to meet 23 the expected long-term cost to the employer of that 24 benefit. 25 (4) The regulations may include provisions about how an 26 actuary is to determine an amount under subsection (3). 27 Subdivision 4 -- Shares and options 28 9DA. Wages include shares and options granted to 29 employees 30 (1) The value of a share or an option granted by an 31 employer to an employee in respect of the appointment page 20 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 of or services performed by the employee is taken to be 2 wages paid by the employer to the employee unless the 3 share or option is wages under a paragraph of 4 section 9AA(1) other than paragraph (f). 5 (2) A share or an option is granted to a person in the 6 following circumstances -- 7 (a) in the case of a share -- if the person acquires 8 the share -- 9 (i) in accordance with section 139G of the 10 Income Tax Assessment Act 1936 11 (Commonwealth); or 12 (ii) in circumstances prescribed for the 13 purposes of this paragraph by the 14 regulations; 15 (b) in the case of an option -- if the person 16 acquires a right to the share to which the option 17 relates and the right is acquired -- 18 (i) in accordance with section 139G of the 19 Income Tax Assessment Act 1936 20 (Commonwealth); or 21 (ii) in circumstances prescribed for the 22 purposes of this paragraph by the 23 regulations. 24 (3) Wages constituted by the value of a share or an option 25 are taken to be paid on the relevant day. 26 (4) The relevant day is the day that the employer elects, in 27 accordance with this Subdivision, to treat as the day on 28 which the wages are paid. 29 (5) To avoid doubt, a share or an option is valuable 30 consideration for the purposes of section 9HC. page 21 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 9DB. Relevant day -- choice of 2 (1) The employer may elect to treat as the relevant day 3 either the day on which the share or option is granted to 4 the employee or the vesting day. 5 (2) The vesting day in respect of a share is the day on 6 which the share vests in the employee, that is, when 7 any conditions applying to the grant of the share have 8 been met and the employee's legal or beneficial 9 interest in the share cannot be rescinded. 10 (3) The vesting day in respect of an option is the earlier of 11 the following days -- 12 (a) the day on which the share to which the option 13 relates is granted to the employee; 14 (b) the day on which the employee exercises a right 15 under the option to have the share the subject of 16 the option transferred to, allotted to or vest in 17 him or her. 18 9DC. Relevant day -- special cases 19 (1) If -- 20 (a) an employer grants a share or an option to an 21 employee the value of which is taken to be 22 wages under this Subdivision; and 23 (b) the value of the share or option is not specified 24 as WA taxable wages in a return in the financial 25 year in which the share or option was granted, 26 the employer is taken to have elected to treat the wages 27 constituted by the value of that share or option as being 28 paid on the vesting day. page 22 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 (2) If -- 2 (a) an employer grants a share or an option to an 3 employee the value of which is taken to be 4 wages under this Subdivision; and 5 (b) either -- 6 (i) the value of the share or option is nil; or 7 (ii) if the employer were to elect to treat the 8 day on which the share or option was 9 granted as the relevant day -- the wages 10 constituted by the value of the share or 11 option would not be liable to pay-roll 12 tax, 13 the employer is taken to have elected to treat the wages 14 constituted by the value of the share or option as being 15 paid or payable on the day on which the share or option 16 was granted. 17 9DD. Value of shares and options 18 (1) In this section -- 19 Commonwealth income tax provisions means the 20 provisions of Subdivision F of Division 13A of Part III 21 of the Income Tax Assessment Act 1936 22 (Commonwealth). 23 (2) The value of a share or an option taken to be wages 24 under this Subdivision is the market value of the share 25 or option (expressed in Australian currency) on the 26 relevant day, less the consideration (if any) paid or 27 given by the employee in respect of the share or option 28 (other than consideration in the form of services 29 performed). 30 (3) The market value of a share or an option on the 31 relevant day is to be determined in accordance with the 32 Commonwealth income tax provisions. page 23 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 (4) For that purpose, the Commonwealth income tax 2 provisions apply with the following modifications, and 3 any other necessary modifications -- 4 (a) the market value of an option is to be 5 determined as if it were a right to acquire a 6 share; 7 (b) a reference to a taxpayer is to be read as a 8 reference to the employee; 9 (c) a reference to the Commissioner of Taxation is 10 to be read as a reference to either that 11 Commissioner or the Commissioner of State 12 Revenue. 13 9DE. Effect of rescission, cancellation etc. of share or 14 option 15 (1) If an employer grants a share or an option to an 16 employee the value of which is taken to be wages 17 under this Subdivision and the grant of the share or 18 option is withdrawn, cancelled or exchanged before the 19 vesting day for any valuable consideration (other than 20 the grant of other shares or options) -- 21 (a) the day of withdrawal, cancellation or exchange 22 is taken to be the relevant day in relation to the 23 share or option; and 24 (b) the market value of the share or option, on the 25 relevant day, is taken to be the amount of the 26 valuable consideration. 27 (2) If -- 28 (a) an employer grants a share or an option to an 29 employee the value of which is taken to be 30 wages under this Subdivision; and 31 (b) the value of the share or option is specified as 32 WA taxable wages in a return; and page 24 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 (c) the grant is rescinded because the conditions 2 attaching to the grant were not met, 3 the WA taxable wages of the employer, in the return 4 period in which the grant is rescinded, are to be 5 reduced by the value of the share or option as specified 6 in the earlier return. 7 (3) Subsection (2) does not apply just because an 8 employee fails to exercise an option or to otherwise 9 exercise his or her rights in respect of a share or an 10 option. 11 9DF. Grant of share under exercise of option 12 The value of a share granted by an employer to an 13 employee is not to be taken to be wages under this 14 Subdivision if -- 15 (a) the employer is required to grant the share as a 16 consequence of the exercise of an option by a 17 person; and 18 (b) the value of the option granted to the person 19 was taken to be wages under this Subdivision. 20 9DG. Wages include certain shares and options granted to 21 directors 22 (1) If the value of a share or an option granted by a 23 company to a director of the company by way of 24 remuneration for the appointment or services of the 25 director would be taken to be wages under this 26 Subdivision if the director were an employee of the 27 company, the value of the share or option is taken to be 28 wages paid by the company (as an employer) to the 29 director. 30 (2) For the purposes of subsection (1), the other provisions 31 of this Subdivision apply in respect of any such grant 32 as if a reference to the employer were a reference to the page 25 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 company and a reference to the employee were a 2 reference to the director of the company. 3 (3) In this section, a reference to a director of the company 4 includes a reference to the following -- 5 (a) a person who, under a contract or other 6 arrangement, is to be appointed as a director of 7 the company; 8 (b) a former director of the company. 9 9DH. Place where wages (as shares or options) are 10 payable 11 (1) In this section -- 12 local company means -- 13 (a) a company incorporated or taken to be 14 incorporated under the Corporations Act that is 15 taken to be registered in Western Australia for 16 the purposes of that Act; or 17 (b) any other body corporate that is incorporated 18 under a written law. 19 (2) Wages constituted by the value of a share or an option 20 are taken to be paid in Western Australia if the share is 21 a share in a local company or, in the case of an option, 22 an option to acquire shares in a local company. 23 (3) In any other case, wages constituted by the value of a 24 share or an option are taken to be paid outside Western 25 Australia. 26 Subdivision 5 -- Termination payments 27 9EA. Wages include termination payments 28 (1) The amount of a termination payment is taken to be 29 wages paid or payable by the employer to the page 26 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 employee, or by the company (as an employer) to the 2 director. 3 (2) For the purposes of subsection (1) -- 4 employment termination payment means -- 5 (a) an employment termination payment within the 6 meaning of section 82-130 of the ITA Act; or 7 (b) a payment that would be an employment 8 termination payment within the meaning of 9 section 82-130 of the ITA Act but for the fact 10 that it was received later than 12 months after 11 the termination of a person's employment; or 12 (c) a transitional termination payment within the 13 meaning of section 82-10 of the Income Tax 14 (Transitional Provisions) Act 1997 15 (Commonwealth); 16 termination payment means -- 17 (a) a payment made in consequence of the 18 retirement from, or termination of, any office or 19 employment of an employee, being -- 20 (i) an unused annual leave payment; or 21 (ii) an unused long service leave payment; 22 or 23 (iii) so much of an employment termination 24 payment paid or payable by an 25 employer, whether or not paid to the 26 employee or to any other person or 27 body, that would be included in the 28 assessable income of an employee under 29 Part 2-40 of the ITA Act if the whole of 30 the employment termination payment 31 had been paid to the employee; 32 or page 27 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 (b) an amount paid or payable by a company as a 2 consequence of the termination of the services 3 or office of a director of the company, whether 4 or not paid to the director or to any other person 5 or body, that would be an employment 6 termination payment if that amount had been 7 paid or payable as a consequence of termination 8 of employment; 9 unused annual leave payment has the meaning given 10 in section 83-10 of the ITA Act; 11 unused long service leave payment has the meaning 12 given in section 83-75 of the ITA Act. 13 Subdivision 6 -- Allowances 14 9FA. Motor vehicle allowances 15 (1) For the purposes of section 9AA(1)(g), the exempt 16 component (E) of a motor vehicle allowance paid or 17 payable in respect of a financial year is calculated in 18 accordance with the formula -- 19 E = K×R 20 where -- 21 K is the number of business kilometres travelled during 22 the financial year under subsection (2); 23 R is the exempt rate under subsection (3). 24 (2) The number of business kilometres travelled during the 25 financial year is to be determined -- 26 (a) if paragraph (b) does not apply to the 27 employer -- in accordance with the applicable 28 recording method in the regulations; or 29 (b) if the Commissioner has, by order in writing, 30 approved the use, by an employer or class of 31 employer, of another method (including the use page 28 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 of an estimate) of determining the number of 2 business kilometres travelled during the 3 financial year -- in accordance with the method 4 approved by the Commissioner. 5 (3) The exempt rate for the financial year concerned is -- 6 (a) the rate prescribed by the regulations under 7 section 28-25 of the ITA Act for calculating a 8 deduction for car expenses for a large car using 9 the "cents per kilometre method" in the 10 financial year immediately preceding the 11 financial year in which the allowance is paid or 12 payable; or 13 (b) if no rate referred to in paragraph (a) is 14 prescribed under that Act -- the rate prescribed 15 in the regulations. 16 9FB. Accommodation allowances 17 For the purposes of section 9AA(1)(h), the exempt rate 18 for the financial year concerned is -- 19 (a) the total reasonable amount for daily travel 20 allowance expenses using the lowest capital 21 city for the lowest salary band for the financial 22 year determined by the Commissioner of 23 Taxation of the Commonwealth; or 24 (b) if no determination referred to in paragraph (a) 25 is in force -- the rate prescribed in the 26 regulations. 27 Subdivision 7 -- Employment agents 28 9GA. Wages include amounts paid by employment agents 29 An amount in respect of services that is paid or payable 30 by an employment agent (directly or indirectly) to a 31 person who was engaged to perform the services for a 32 client of the employment agent, or to some other page 29 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 7 1 person, as a result of which engagement the 2 employment agent receives payment (directly or 3 indirectly, whether by way of a lump sum or an 4 ongoing fee) in relation to the period during which the 5 services are performed for the client by the person 6 engaged to perform them is taken to be wages paid or 7 payable by the agent (as an employer) to the person for 8 or in relation to the services performed by the person. 9 Subdivision 8 -- Miscellaneous provisions 10 9HA. Value of wages paid in kind 11 The value of wages (except fringe benefits or specified 12 taxable benefits) that are paid or payable in kind is the 13 greater of -- 14 (a) the value agreed or the value attributed to the 15 wages in, or the value ascertainable for the 16 wages from, arrangements between the 17 employer and the employee, whichever is the 18 greater of the 3 amounts; and 19 (b) if the regulations prescribe how the value of 20 wages of that type is to be determined -- the 21 value determined in accordance with the 22 regulations. 23 9HB. GST excluded from wages 24 (1) If wages paid or payable to a person relate to a supply 25 on which the person is liable to pay GST, the amount 26 or value of the wages is reduced by the amount of GST 27 payable by the person in respect of the services to 28 which the wages relate. 29 (2) Subsection (1) does not apply in respect of the value of 30 wages comprising a fringe benefit. page 30 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 7 1 9HC. Wages paid by or to third parties 2 (1) If any of the following amounts of money or other 3 valuable consideration would, if paid or given directly 4 by an employer to an employee, be or be taken to be 5 wages paid or payable by the employer to the employee 6 for the purposes of this Act, they are taken to be wages 7 paid or payable by the employer to the employee -- 8 (a) any money or other valuable consideration paid 9 or given, or to be paid or given, to an employee, 10 for the employee's services as an employee of 11 an employer, by a person other than the 12 employer; 13 (b) any money or other valuable consideration paid 14 or given, or to be paid or given, by an 15 employer, for an employee's services as the 16 employee of the employer, to a person other 17 than the employee; 18 (c) any money or other valuable consideration paid 19 or given, or to be paid or given, by a person 20 other than an employer, for an employee's 21 services as an employee of the employer, to a 22 person other than the employee. 23 (2) If any of the following amounts of money or other 24 valuable consideration would, if paid or given directly 25 by a company to a director of the company, be or be 26 taken to be wages paid or payable by the company to 27 the director for the purposes of this Act, they are taken 28 to be wages paid or payable by the company to the 29 director -- 30 (a) any money or other valuable consideration paid 31 or given, or to be paid or given, to a director of 32 a company, by way of remuneration for the 33 appointment or services of the director to the 34 company, by a person other than the company; page 31 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 8 1 (b) any money or other valuable consideration paid 2 or given, or to be paid or given, by a company, 3 by way of remuneration for the appointment or 4 services of the director to the company, to a 5 person other than the director; 6 (c) any money or other valuable consideration paid 7 or given, or to be paid or given, by any person, 8 by way of remuneration for the appointment or 9 services of a director to the company, to a 10 person other than the director. 11 (3) In this section, a reference to a director of a company 12 includes a reference to -- 13 (a) a person who, under a contract or other 14 arrangement, is to be appointed as a director of 15 the company; and 16 (b) a former director of the company. 17 18 8. Section 21 amended 19 In section 21(1)(c) after "wages" insert: 20 21 paid or payable for or in relation to the services 22 performed by the worker 23 24 9. Section 26 amended 25 Delete section 26(2) and insert: 26 27 (2) A monthly return must be in the approved form. 28 (3) A monthly return must -- 29 (a) for a month other than June -- be lodged within 30 7 days after the end of the month, or within any 31 further time allowed by the Commissioner in a 32 particular case; and page 32 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 10 1 (b) for June -- be lodged within 21 days after the 2 end of the month, or within any further time 3 allowed by the Commissioner in a particular 4 case. 5 Penalty: a fine of $5 000. 6 7 10. Section 27 amended 8 In section 27(2)(c) delete "2 months" and insert: 9 10 21 days 11 12 11. Section 31 amended 13 In section 31(1) delete "carries out" and insert: 14 15 performs 16 17 12. Part 5 heading replaced 18 Delete the heading to Part 5 and insert: 19 20 Part 5 -- Exempt wages 21 22 13. Section 40 amended 23 (1) Delete section 40(1)(b). 24 (2) After section 40(2)(o) insert: 25 26 (p) subject to subsection (3), by an employer to or 27 in relation to a person for a period when the 28 person is -- 29 (i) performing functions as a volunteer 30 member of a FESA Unit, an SES Unit page 33 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 14 1 or a VMRS Group under the Fire and 2 Emergency Services Authority of 3 Western Australia Act 1998; or 4 (ii) performing functions as a member of a 5 volunteer fire brigade under the Fire 6 Brigades Act 1942; or 7 (iii) performing functions as a volunteer 8 member of a bush fire brigade under the 9 Bush Fires Act 1954; 10 or 11 12 (3) In section 40(2)(r) delete "carried out" and insert: 13 14 performed 15 16 (4) Delete section 40(3) and insert: 17 18 (3) The exemption provided for by subsection (2)(p) does 19 not apply to wages paid or payable as annual leave, 20 long service leave, recreation leave or sick leave. 21 22 (5) Delete section 40(5). 23 14. Sections 41A and 41B inserted 24 After section 40 insert: 25 26 41A. Exempt wages -- parental and adoption leave 27 (1) In this section -- 28 adoption leave means leave given to an employee in 29 connection with the adoption of a child by the page 34 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 14 1 employee, other than annual leave, recreation leave, 2 sick leave or similar leave; 3 maternity leave means leave given to a female 4 employee in connection with her pregnancy or the birth 5 of her child, other than annual leave, recreation leave, 6 sick leave or similar leave; 7 parental leave means leave given to an employee in 8 connection with the pregnancy of a female carrying the 9 employee's unborn child or the birth of the employee's 10 child, other than annual leave, recreation leave, sick 11 leave or similar leave. 12 (2) Wages paid or payable to or in relation to an employee 13 for maternity leave, parental leave or adoption leave 14 are exempt from pay-roll tax. 15 (3) It is immaterial whether the leave is taken during or 16 after the pregnancy or before or after the adoption. 17 (4) The exemption in subsection (2) is limited to wages 18 paid or payable for not more than 14 weeks' worth of 19 leave at the employee's normal rate of pay. 20 (5) The exemption in subsection (2) does not apply to 21 wages comprising a fringe benefit under the FBTA 22 Act. 23 41B. Exempt wages -- wages paid or payable for or in 24 relation to services performed in other countries 25 (1) Wages are exempt from pay-roll tax if they are paid or 26 payable for or in relation to services performed by a 27 person wholly in one or more other countries for a 28 continuous period of more than 6 months beginning on 29 the day on which wages were first paid or payable to 30 that person for the services so performed. page 35 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 15 1 (2) The Commissioner must make any reassessment 2 necessary to give effect to this section. 3 4 15. Part 6 heading inserted 5 Before section 41 insert: 6 7 Part 6 -- Miscellaneous 8 9 16. Section 45 amended 10 In section 45(2)(g) delete "clause 2(1)(e) of the Glossary." and 11 insert: 12 13 section 9AA(1)(c). 14 15 17. Section 46 and Schedule 1 inserted 16 After section 45 insert: 17 18 46. Transitional provisions 19 Schedule 1 contains transitional provisions relating to 20 amendments made to this Act. 21 Schedule 1 -- Transitional provisions 22 [s. 46] 23 Division 1 -- Provisions for the Pay-roll Tax Assessment 24 Amendment Act 2010 in relation to taxable wages 25 1. Liability to tax for the assessment years commencing on 26 1 July 2009 and 1 July 2010 27 A person's liability to pay-roll tax under this Act for the 28 assessment year commencing on 1 July 2009, and for the page 36 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 17 1 assessment year commencing on 1 July 2010, is to be 2 determined as if the Pay-roll Tax Assessment Amendment 3 Act 2010 (other than Part 2 Division 3) had come into 4 operation on 1 July 2009. 5 2. Shares and options granted on or after 1 July 2009 and 6 before the Pay-roll Tax Assessment Amendment Act 2010 7 received the Royal Assent 8 (1) If -- 9 (a) an employer granted a share or an option to a 10 person -- 11 (i) on or after 1 July 2009; and 12 (ii) before the Pay-roll Tax Assessment 13 Amendment Act 2010 received the Royal 14 Assent; 15 and 16 (b) the amount equal to the value of the share or option 17 was WA taxable wages; and 18 (c) the value of the share or option is, under 19 section 9DA or 9DG and clause 1, taken to be 20 wages paid by the employer to the employee; and 21 (d) the wages constituted by the value of that share or 22 option are WA taxable wages under section 5(2) 23 and clause 1, 24 the employer may, by notice given to the Commissioner, 25 elect to treat those wages as being paid on the vesting day. 26 (2) A notice under subclause (1) must be given within the 27 3 months after the day on which the Pay-roll Tax 28 Assessment Amendment Act 2010 received the Royal Assent. 29 (3) The Commissioner must, on application, make any 30 reassessment necessary to give effect to this clause. page 37 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 18 1 3. Notices under the Pay-roll Tax Assessment 2 Regulations 2003 regulation 26(1) or (2) 3 A notice under the Pay-roll Tax Assessment 4 Regulations 2003 regulation 26(1) or (2) in relation to the 5 assessment year commencing on 1 July 2009, or the 6 assessment year commencing on 1 July 2010, has effect as if 7 it were given under section 9BH(1) or (2), whichever is 8 relevant. 9 10 18. Glossary amended 11 (1) In the Glossary clause 1 delete the definitions of: 12 assessable income 13 Australian superannuation scheme 14 eligible termination payment 15 'otherwise deductible' rule 16 participant 17 regulated superannuation fund 18 superannuation fund 19 superannuation guarantee charge 20 superannuation scheme 21 unfunded public sector superannuation scheme 22 WA taxable wages 23 work-related benefit 24 (2) In the Glossary clause 1 insert in alphabetical order: 25 26 ABN means the ABN (Australian Business Number) for an 27 entity within the meaning of the A New Tax System 28 (Australian Business Number) Act 1999 (Commonwealth); 29 actual value, of a fringe benefit, has the meaning given in 30 section 9BB(2); 31 Australian jurisdiction means a State or a Territory; page 38 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 18 1 Australian superannuation fund means a superannuation 2 fund that -- 3 (a) was established in Australia, or has any asset 4 situated in Australia; and 5 (b) has its central management and control in Australia; 6 defined benefit fund has the meaning given to "defined 7 benefit superannuation scheme" in section 6 of the 8 Superannuation Guarantee Act; 9 director of a company includes a member of the governing 10 body of the company; 11 FBT year means a year ending on 31 March; 12 ITA Act means the Income Tax Assessment Act 1997 13 (Commonwealth); 14 motor vehicle allowance means an allowance paid by an 15 employer to a person who provides or maintains a motor 16 vehicle used for business journeys; 17 option means an option or right, whether actual, prospective 18 or contingent, of a person to acquire a share or to have a 19 share transferred or allotted to the person; 20 paid, in relation to wages, includes provided, conferred and 21 assigned and pay and payable have corresponding 22 meanings; 23 registered business address means an address for service of 24 notices under the A New Tax System (Australian Business 25 Number) Act 1999 (Commonwealth) on an entity that has an 26 ABN, as shown in the Australian Business Register kept 27 under that Act; 28 share means a share in a company and includes a stapled 29 security within the meaning of section 139GCD of the 30 Income Tax Assessment Act 1936 (Commonwealth); 31 superannuation fund includes -- 32 (a) a superannuation fund within the meaning of the 33 Superannuation Industry (Supervision) Act 1993 34 (Commonwealth); and page 39 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 18 1 (b) any other form of superannuation, provident or 2 retirement fund or scheme including -- 3 (i) the Superannuation Holding Accounts 4 Special Account within the meaning of the 5 Small Superannuation Accounts Act 1995 6 (Commonwealth); and 7 (ii) a retirement savings account within the 8 meaning of the Retirement Savings 9 Accounts Act 1997 (Commonwealth); 10 Superannuation Guarantee Act means the Superannuation 11 Guarantee (Administration) Act 1992 (Commonwealth); 12 WA fringe benefits means fringe benefits that are WA 13 taxable wages on which fringe benefits tax (imposed under 14 the Fringe Benefits Tax Act 1986 (Commonwealth)) is paid 15 or payable; 16 WA taxable wages has the meaning given in section 5(2). 17 18 (3) In the Glossary clause 1 in the definition of defined 19 superannuation benefit: 20 (a) delete "scheme" and insert: 21 22 fund 23 24 (b) delete "participant's" (each occurrence) and insert: 25 26 member's 27 28 (4) In the Glossary clause 1 in the definition of employment agent: 29 (a) in paragraph (a) delete "carry out" and insert: 30 31 perform 32 page 40 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to taxable wages Division 2 s. 18 1 (b) in paragraph (b) delete "provided" and insert: 2 3 performed 4 5 (5) In the Glossary clause 1 in the definition of exempt delete 6 "section 40;" and insert: 7 8 Part 5; 9 10 (6) In the Glossary clause 1 in the definition of individual 11 superannuation guarantee shortfall delete "Superannuation 12 Guarantee (Administration) Act 1992 of the Commonwealth;" and 13 insert: 14 15 Superannuation Guarantee Act; 16 17 (7) In the Glossary clause 1 in the definition of tax-reducing 18 arrangement paragraph (a) delete "carries out," and insert: 19 20 performs, 21 22 (8) In the Glossary clause 1 in the definition of value: 23 (a) in paragraph (b) delete "clause 7;" and insert: 24 25 section 9BB; 26 27 (b) in paragraph (c) delete "clause 6;" and insert: 28 29 section 9BI; 30 page 41 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 2 Amendments relating to taxable wages s. 19 1 (c) in paragraph (d) delete "clause 3;" and insert: 2 3 section 9HB; 4 5 (d) in paragraph (e) delete "clause 6;" and insert: 6 7 section 9HA; 8 9 (9) In the Glossary clause 1 in the definition of wages delete 10 "definition given in clause 2;" and insert: 11 12 meaning given in section 9AA; 13 14 (10) Delete the Glossary clauses 2 to 12. 15 19. Various penalties amended 16 In the provisions listed in the Table after "Penalty:" insert: 17 18 a fine of 19 20 Table s. 24(1) s. 24(2) s. 27(2) s. 28(2) s. 29(8) s. 29(9) s. 44(1) s. 44(2) page 42 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to grouping of employers Division 3 s. 20 1 Division 3 -- Amendments relating to grouping of employers 2 20. Section 31 amended 3 In section 31(4) delete the passage that begins with "section 38" 4 and continues to the end of the subsection and insert: 5 6 section 38. 7 8 21. Section 32 amended 9 Delete section 32(3) and (4) and insert: 10 11 (3) The Commissioner may exclude a person from a group 12 in accordance with section 38. 13 14 22. Section 33 amended 15 In section 33(7) delete "related corporation" and insert: 16 17 related body corporate 18 19 23. Section 35 replaced 20 Delete section 35 and insert: 21 22 35A. Groups arising from tracing of interests in 23 corporations 24 (1) For the purposes of this section -- 25 associated person means a person who is associated 26 with another person in accordance with any of the 27 following -- 28 (a) persons are associated persons if they are 29 related persons; page 43 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 3 Amendments relating to grouping of employers s. 23 1 (b) individuals are associated persons if they are 2 partners in a partnership; 3 (c) private companies are associated persons if 4 common shareholders have a majority interest 5 in each private company; 6 (d) trustees are associated persons if any person is 7 a beneficiary common to the trusts (not 8 including a public unit trust scheme) of which 9 they are trustees; 10 (e) a private company and a trustee are associated 11 persons if a related body corporate of the 12 company is a beneficiary of the trust (not 13 including a public unit trust scheme) of which 14 the trustee is a trustee; 15 entity means -- 16 (a) a person; or 17 (b) 2 or more persons who are associated persons; 18 private company means a company that is not limited 19 by shares, or whose shares are not quoted on the 20 Australian Stock Exchange or any exchange of the 21 World Federation of Exchanges; 22 related person means a person who is related to 23 another person in accordance with any of the 24 following -- 25 (a) individuals are related persons if -- 26 (i) one is the spouse or de facto partner of 27 the other; or 28 (ii) the relationship between them is that of 29 parent and child, brothers, sisters, or 30 brother and sister; 31 (b) private companies are related persons if they 32 are related bodies corporate; page 44 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to grouping of employers Division 3 s. 23 1 (c) an individual and a private company are related 2 persons if the individual is a majority 3 shareholder or director of the company or of 4 another private company that is a related body 5 corporate of the company; 6 (d) an individual and a trustee are related persons if 7 the individual is a beneficiary of the trust (not 8 being a public unit trust scheme) of which the 9 trustee is a trustee; 10 (e) a private company and a trustee are related 11 persons if the company, or a majority 12 shareholder or director of the company, is a 13 beneficiary of the trust (not being a public unit 14 trust scheme) of which the trustee is a trustee. 15 (2) An entity and a corporation form part of a group if the 16 entity has a controlling interest in the corporation. 17 (3) An entity has a controlling interest in a corporation if 18 the corporation has share capital and -- 19 (a) the entity has a direct interest in the corporation 20 the value of which exceeds 50%; or 21 (b) the entity has an indirect interest in the 22 corporation the value of which exceeds 50%; or 23 (c) the entity has an aggregate interest in the 24 corporation the value of which exceeds 50%. 25 (4) The Commissioner may exclude an entity from a group 26 in accordance with section 38. 27 35B. Direct interests 28 (1) An entity has a direct interest in a corporation if -- 29 (a) in the case of an entity that is a person -- the 30 person can, directly or indirectly, exercise, 31 control the exercise of, or substantially 32 influence the exercise of, the voting power page 45 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 3 Amendments relating to grouping of employers s. 23 1 attached to any voting shares issued by the 2 corporation; or 3 (b) in the case of an entity that is 2 or more persons 4 who are associated persons -- each of the 5 associated persons can, directly or indirectly, 6 exercise, control the exercise of, or 7 substantially influence the exercise of, the 8 voting power attached to any voting shares 9 issued by the corporation. 10 (2) The value of the direct interest of the entity in the 11 corporation is the proportion (expressed as a 12 percentage) of the voting power of all voting shares 13 issued by the corporation that -- 14 (a) in the case of an entity that is a person -- the 15 person can directly or indirectly exercise, 16 control the exercise of, or substantially 17 influence the exercise of; or 18 (b) in the case of an entity that is 2 or more persons 19 who are associated persons -- the associated 20 persons can, if acting together, directly or 21 indirectly exercise, control the exercise of, or 22 substantially influence the exercise of. 23 35C. Indirect interests 24 (1) An entity has an indirect interest in a corporation if the 25 corporation is linked to another corporation (the 26 directly controlled corporation) in which the entity has 27 a direct interest. 28 (2) A corporation is linked to a directly controlled 29 corporation if the corporation is part of a chain of 30 corporations -- 31 (a) that starts with the directly controlled 32 corporation; and page 46 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to grouping of employers Division 3 s. 23 1 (b) in which a link in the chain is formed if a 2 corporation has a direct interest in the next 3 corporation in the chain. 4 (3) The value of the indirect interest of an entity in a 5 corporation (an indirectly controlled corporation) that 6 is linked to a directly controlled corporation is 7 calculated by multiplying together the following -- 8 (a) the value of the direct interest of the entity in 9 the directly controlled corporation; 10 (b) the value of each direct interest that forms a 11 link in the chain of corporations by which the 12 indirectly controlled corporation is linked to the 13 directly controlled corporation. 14 (4) If an entity has more than one indirect interest in a 15 corporation, the value of those interests is worked out 16 under section 35D. 17 35D. Aggregate interests 18 (1) An entity has an aggregate interest in a corporation 19 if -- 20 (a) the entity has a direct interest and one or more 21 indirect interests in the corporation; or 22 (b) the entity has more than one indirect interest in 23 the corporation. 24 (2) The value of the aggregate interest of an entity in a 25 corporation is the sum of the following -- 26 (a) the value of the direct interest (if any) of the 27 entity in the corporation; 28 (b) the value of each indirect interest of the entity 29 in the corporation. 30 page 47 Pay-roll Tax Assessment Amendment Bill 2010 Part 2 Pay-roll Tax Assessment Act 2002 amended Division 3 Amendments relating to grouping of employers s. 24 1 24. Section 36 amended 2 (1) In section 36(3) delete the passage that begins with "Act 3 except" and continues to the end of the subsection and insert: 4 5 Act. 6 7 (2) After section 36(3) insert: 8 9 (4) The Commissioner may exclude a person from a group 10 in accordance with section 38. 11 12 25. Section 38 amended 13 Delete section 38(1) and insert: 14 15 (1) The Commissioner may exclude a person from a group 16 under section 31(4), 32(3), 35A(3) or 36(4) in relation 17 to a business carried on by the person if satisfied that 18 the business is carried on independently of, and is not 19 connected with the carrying on of, a business carried 20 on by any other member of the group, having regard 21 to -- 22 (a) the nature and degree of ownership and control 23 of the businesses; and 24 (b) the nature of the businesses; and 25 (c) any other matters the Commissioner considers 26 relevant. 27 page 48 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Act 2002 amended Part 2 Amendments relating to grouping of employers Division 3 s. 26 1 26. Schedule 1 amended 2 After Schedule 1 clause 3 insert: 3 4 Division 2 -- Provisions for the Pay-roll Tax Assessment 5 Amendment Act 2010 in relation to grouping of employers 6 4. Exclusion, from a group, in force before 1 July 2012 7 If the Commissioner has excluded a person from a group 8 under section 31(4) or 32(3) (as in force before 1 July 2012) 9 and that exclusion was in force immediately before 10 1 July 2012, that exclusion has effect, according to its terms, 11 on and after 1 July 2012, as if it had been granted under 12 Part 4 (as in force on and after 1 July 2012). 13 5. Exclusion, from a group, granted on or after 1 July 2012 14 An exclusion of a person from a group under Part 4 (as in 15 force on and after 1 July 2012) cannot have effect before 16 1 July 2012 despite section 38(5). 17 6. Exclusion, from a group, having effect before 18 1 July 2012 19 The Commissioner may, on and after 1 July 2012, exclude a 20 person from a group for a period that is before 1 July 2012 21 but not on or after 1 July 2012, and may do so as if the 22 Pay-roll Tax Assessment Amendment Act 2010 Part 2 23 Division 3 had not come into operation. 24 25 27. Glossary amended 26 (1) In the Glossary clause 1 delete the definition of related 27 corporation. 28 (2) In the Glossary clause 1 insert in alphabetical order: 29 30 related body corporate has the meaning given in section 9 31 of the Corporations Act; 32 page 49 Pay-roll Tax Assessment Amendment Bill 2010 Part 3 Pay-roll Tax Assessment Regulations 2003 amended s. 28 1 Part 3 -- Pay-roll Tax Assessment Regulations 2003 2 amended 3 28. Regulations amended 4 This Part amends the Pay-roll Tax Assessment 5 Regulations 2003. 6 29. Regulation 5 amended 7 In regulation 5 delete "clause 2(1)(e) in the Glossary to" and 8 insert: 9 10 section 9AA(1)(c) of 11 12 30. Regulation 12 amended 13 In regulation 12 delete "clause 6 in the Glossary to" and insert: 14 15 section 9BI of 16 17 31. Regulation 14 amended 18 In regulation 14 delete "clause 6 in the Glossary to" and insert: 19 20 section 9BI of 21 22 32. Regulations 16 to 18 deleted 23 Delete regulations 16, 17 and 18. 24 33. Regulations 19 to 26 deleted 25 Delete regulations 19, 20, 21, 22, 23, 24, 25 and 26. page 50 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Regulations 2003 amended Part 3 s. 34 1 34. Part 3 heading replaced 2 Delete the heading to Part 3 and insert: 3 4 Part 3 -- Allowances 5 6 35. Regulations 28 and 29 deleted 7 Delete regulations 28 and 29. 8 36. Regulation 30 amended 9 In regulation 30 delete "The number" and insert: 10 11 For the purposes of section 9FA(2) of the Act, the number 12 13 37. Regulation 31 deleted 14 Delete regulation 31. 15 38. Part 3 Division 2 deleted 16 Delete Part 3 Division 2. 17 39. Regulation 41 amended 18 In regulation 41(1) delete "If an amount contributed to a 19 superannuation scheme is taken by clause 8 in the Glossary to 20 the Act to be paid" and insert: 21 22 If a superannuation contribution to a superannuation 23 fund is taken by section 9CB of the Act to be wages 24 paid 25 page 51 Pay-roll Tax Assessment Amendment Bill 2010 Part 3 Pay-roll Tax Assessment Regulations 2003 amended s. 40 1 40. Regulation 42 amended 2 (1) In regulation 42(1) delete "participant" and insert: 3 4 member of a fund 5 6 (2) In regulation 42(2) delete "participants in a scheme" and insert: 7 8 members 9 10 (3) In regulation 42(3) delete "participant" and insert: 11 12 member 13 14 (4) In regulation 42(4) delete "participants in a scheme" and insert: 15 16 members 17 18 Note: The heading to amended regulation 42 is to read: 19 Categories of members 20 41. Regulation 43 deleted 21 Delete regulation 43. 22 42. Regulation 44 amended 23 (1) In regulation 44(1): 24 (a) delete "participant," and insert: 25 26 member, 27 page 52 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Regulations 2003 amended Part 3 s. 42 1 (b) delete "participants," and insert: 2 3 member, 4 5 (2) In regulation 44(2): 6 (a) delete "participant," and insert: 7 8 member, 9 10 (b) delete "participants," and insert: 11 12 member, 13 14 (3) In regulation 44(3): 15 (a) delete "participant," and insert: 16 17 member, 18 19 (b) delete "participants," and insert: 20 21 member, 22 23 (4) In regulation 44(4)(b) delete "participant" and insert: 24 25 member 26 page 53 Pay-roll Tax Assessment Amendment Bill 2010 Part 3 Pay-roll Tax Assessment Regulations 2003 amended s. 43 1 43. Regulation 46 amended 2 (1) In regulation 46(1): 3 (a) delete "an employer is required to keep --" and insert: 4 5 the following are prescribed -- 6 7 (b) in paragraph (a) delete "subregulation (2); and" and 8 insert: 9 10 subregulation (2); 11 12 (c) in paragraph (b) delete "benefits." and insert: 13 14 benefits; 15 16 (d) after paragraph (b) insert: 17 18 (c) other documents and records that the employer 19 is required by this regulation to keep. 20 21 (2) In regulation 46(2): 22 (a) delete paragraph (c) and insert: 23 24 (c) the value of a share or option taken to be wages 25 under section 9DA or 9DG; 26 27 (b) delete paragraph (e) and insert: 28 29 (e) a motor vehicle allowance; 30 page 54 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Regulations 2003 amended Part 3 s. 43 1 (c) in paragraph (f) delete "allowance, if any part of the 2 allowance is exempt under regulation 39;" and insert: 3 4 allowance; 5 6 (d) delete paragraphs (g) and (h) and insert: 7 8 (g) an amount taken to be wages under 9 section 9CB of the Act. 10 11 (3) After regulation 46(2) insert: 12 13 (3A) An employer who claims an exemption under 14 section 41A(2) of the Act must keep -- 15 (a) for wages paid or payable for maternity 16 leave -- a medical certificate for the employee 17 stating -- 18 (i) that the employee is or was pregnant; or 19 (ii) that the employee has given birth and 20 the date of the birth; 21 or 22 (b) for wages paid or payable for parental leave -- 23 a statutory declaration by the employee 24 stating -- 25 (i) that a female is or was pregnant with the 26 employee's unborn child; or 27 (ii) that the employee's child has been born 28 and the date of the birth; 29 or page 55 Pay-roll Tax Assessment Amendment Bill 2010 Part 3 Pay-roll Tax Assessment Regulations 2003 amended s. 44 1 (c) for wages paid or payable for adoption leave -- 2 a statutory declaration by the employee -- 3 (i) that a child has been placed in the 4 custody of the employee pending the 5 making of an adoption order; or 6 (ii) that an adoption order has been made or 7 recognised in favour of the employee 8 and the date of the order or recognition. 9 10 (4) In regulation 46(3) delete "Western Australia" and insert: 11 12 WA 13 14 44. Glossary amended 15 (1) In the Glossary clause 1 delete the definitions of: 16 actual value method 17 adjustment period 18 contribution day 19 employee share acquisition scheme 20 estimated value method 21 FBT year 22 fringe benefits tax 23 grossed-up value 24 motor vehicle allowance 25 qualified valuer 26 recognised financial market 27 unlisted public unit trust 28 WA fringe benefits page 56 Pay-roll Tax Assessment Amendment Bill 2010 Pay-roll Tax Assessment Regulations 2003 amended Part 3 s. 45 1 (2) In the Glossary clause 1 in the definition of redundancy benefits 2 scheme delete "fund as defined in clause 1 in the Glossary to the 3 Act)" and insert: 4 5 fund) 6 7 (3) In the Glossary clause 1 in the definition of vehicle delete 8 "vehicle;" and insert: 9 10 vehicle. 11 12 45. Power to amend or repeal regulations unaffected 13 This Part does not prevent the Pay-roll Tax Assessment 14 Regulations 2003 from being amended or repealed under the 15 Pay-roll Tax Assessment Act 2002. 16
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