New South Wales Consolidated Acts

PAYROLL TAX ACT 2007 - SECT 66D

66D Wages subsidised under Commonwealth jobkeeper scheme

(1) This section applies in relation to an employee (a
"jobkeeper subsidised employee" ) in respect of whom jobkeeper payments are paid or payable to the employer if, but for those payments, less wages or no wages would have been paid to the employee.

(2) The wages paid to a jobkeeper subsidised employee are exempt wages, but only to the extent of the difference between--

(a) the amount of jobkeeper payments paid or payable to the employer in respect of the employee, and

(b) the amount of wages that would have been paid to the employee but for those jobkeeper payments.

(3) Subsection (2) applies only in respect of wages paid during the period--

(a) commencing on 30 March 2020, and

(b) ending on the day the scheme for jobkeeper payments ends.

(4) For the purposes of this section, any overpayment of jobkeeper payments is to be disregarded in calculating the amount of jobkeeper payments paid or payable to an employer in respect of an employee.

(5) To avoid doubt, this section does not apply in relation to an employee if the wages paid or payable to the employee are greater than the jobkeeper payments paid or payable to the employer in respect of the employee.

(6) In this section--

"jobkeeper payment" has the same meaning as it has in Part 6-4C of the Fair Work Act 2009 of the Commonwealth.

"overpayment" , in relation to a jobkeeper payment, means any amount in respect of the payment that an employer is liable to repay to the Commonwealth under section 9 of the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 of the Commonwealth.