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PAYROLL TAX ACT 2007 - SECT 17
Wages include superannuation contributions
17 Wages include superannuation contributions
(1) For the purposes of this Act,
"wages" include a superannuation contribution.
(2) A
"superannuation contribution" is a contribution paid or payable by an employer
in respect of an employee- (a) to or as a superannuation fund within the
meaning of the Superannuation Industry (Supervision) Act 1993 of the
Commonwealth, or
(b) as a superannuation guarantee charge within the meaning
of the Superannuation Guarantee (Administration) Act 1992 of the
Commonwealth, or
(c) to or as any other form of superannuation, provident or
retirement fund or scheme including- (i) the Superannuation Holding Accounts
Special Account within the meaning of 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 Commonwealth, and
(iii) a wholly or partly unfunded fund or scheme.
(3) Setting aside any money
or anything that is worth money as, or as part of, a superannuation fund,
superannuation guarantee charge or any other form of superannuation, provident
or retirement fund or scheme is taken to be paying a
superannuation contribution.
(4) Making a superannuation contribution of
anything that is worth money is taken to be paying a
superannuation contribution of the amount equal to its value, and its value is
to be worked out in accordance with section 43 as if that section referred to
the contribution instead of to wages.
(5) A superannuation, provident or
retirement fund or scheme is unfunded to the extent that money paid or payable
by an employer in respect of an employee covered by the fund or scheme is not
paid or payable during the employee’s period of service with the employer.
(6) In this section-
"employee" includes any person to whom, by virtue of a paragraph of the
definition of
"wages" in section 13 (1), an amount paid or payable in the circumstances
referred to in that paragraph constitutes wages.
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