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This is a Bill, not an Act. For current law, see the Acts databases.
Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 No , 2005 A Bill for An Act to amend the Pay-roll Tax Act 1971 to increase the tax free threshold for pay-roll tax.
Clause 1 Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 The Legislature of New South Wales enacts: 1 2 1 Name of Act 3 This Act is the Pay-roll Tax Amendment (Supporting Jobs and Small 4 Business) Act 2005. 5 2 Commencement 6 This Act commences on 1 July 2007. 7 3 Amendment of Pay-roll Tax Act 1971 No 22 8 The Pay-roll Tax Act 1971 is amended as set out in Schedule 1. Page 2
Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 7 Imposition of pay-roll tax on taxable wages 3 Omit section 7 (1) (d). Insert instead: 4 (d) ascertained in accordance with Schedule 4 in respect of 5 such of those wages as are paid or payable after the month 6 of June 2001 and before the month of July 2007, and 7 (e) ascertained in accordance with Schedule 5 in respect of 8 such of those wages as are paid or payable after the month 9 of June 2007. 10 [2] Section 11B Annual adjustments 11 Omit paragraph (d) from the definition of annual amount of pay-roll tax in 12 section 11B (1). 13 Insert instead: 14 (d) the amount ascertained in accordance with section 17 and 15 Schedule 4 in respect of the employer for the financial year 16 commencing on 1 July 2001, 1 July 2002, 1 July 2003, 17 1 July 2004, 1 July 2005 or 1 July 2006, and 18 (e) the amount ascertained in accordance with section 17 and 19 Schedule 5 in respect of the employer for the financial year 20 commencing on 1 July 2007 or any subsequent financial 21 year. 22 [3] Section 11C Adjustment of pay-roll tax when employer ceases to be an 23 employer etc during a financial year 24 Omit paragraph (d) from the definition of total amount of pay-roll tax in 25 section 11C (1). 26 Insert instead: 27 (d) the amount ascertained in accordance with section 17 and 28 Schedule 4 in respect of the employer for a prescribed 29 period that falls within the financial year commencing on 30 1 July 2001, 1 July 2002, 1 July 2003, 1 July 2004, 1 July 31 2005 or 1 July 2006, and 32 (e) the amount ascertained in accordance with section 17 and 33 Schedule 5 in respect of the employer for a prescribed 34 period that falls within the financial year commencing on 35 1 July 2007 or any subsequent financial year. 36 Page 3
Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 Schedule 1 Amendments [4] Section 16I Designated group employers 1 Omit "$600,000" wherever occurring in section 16I (2) (a) and (3) (a). 2 Insert instead "$850,000". 3 [5] Section 16K Annual adjustments 4 Omit section 16K (2) (d). Insert instead: 5 (d) the amount ascertained in accordance with section 17 and 6 Schedule 4 in respect of that member for the financial year 7 commencing on 1 July 2001, 1 July 2002, 1 July 2003, 8 1 July 2004, 1 July 2005 or 1 July 2006, or 9 (e) the amount ascertained in accordance with section 17 and 10 Schedule 5 in respect of that member for the financial year 11 commencing on 1 July 2007 or any subsequent financial 12 year. 13 [6] Section 16L Adjustment of pay-roll tax when members of a group cease 14 to pay taxable wages or interstate wages during a financial year 15 Omit section 16L (3) (d). Insert instead: 16 (d) the amount ascertained in accordance with section 17 and 17 Schedule 4 in respect of that member for a prescribed 18 period that falls within the financial year commencing on 19 1 July 2001, 1 July 2002, 1 July 2003, 1 July 2004, 1 July 20 2005 or 1 July 2006, or 21 (e) the amount ascertained in accordance with section 17 and 22 Schedule 5 in respect of that member for a prescribed 23 period that falls within the financial year commencing on 24 1 July 2007 or any subsequent financial year. 25 [7] Schedule 4, heading 26 Omit the heading. Insert instead: 27 Schedule 4 Calculation of pay-roll tax liability for 28 financial years commencing 1 July 29 2001, 1 July 2002, 1 July 2003, 1 July 30 2004, 1 July 2005 and 1 July 2006 31 Page 4
Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 Amendments Schedule 1 [8] Schedule 4, clauses 2, 6 and 10 1 Omit "or on 1 July in any subsequent financial year" wherever occurring from 2 the definition of financial year in those clauses. 3 Insert instead ", 1 July 2002, 1 July 2003, 1 July 2004, 1 July 2005 or 1 July 4 2006". 5 [9] Schedule 4, clause 13, definition of "R" 6 Omit "or 1 July in any subsequent year" from paragraph (b). 7 Insert instead ", 1 July 2003, 1 July 2004, 1 July 2005 or 1 July 2006". 8 [10] Schedule 5 9 Insert after Schedule 4: 10 Schedule 5 Calculation of pay-roll tax liability for 11 financial year commencing 1 July 12 2007 and subsequent financial years 13 (Sections 7, 11B, 11C, 16K and 16L) 14 Part 1 Employers who are not members of a 15 group 16 1 Application of Part 17 This Part applies only to an employer who is not a member of a 18 group. 19 2 Definitions 20 In this Part: 21 financial year means the financial year commencing on 1 July 22 2007 or on 1 July in any subsequent financial year. 23 IW represents the total interstate wages paid or payable by the 24 employer concerned during the financial year to which the 25 calculation of the relevant pay-roll tax relates. 26 TW represents the total taxable wages paid or payable by the 27 employer concerned during the financial year to which the 28 calculation of the relevant pay-roll tax relates. 29 Page 5
Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 Schedule 1 Amendments 3 Pay-roll of employer under $850,000 1 An employer is not liable to pay pay-roll tax for a financial year 2 if the total taxable wages and interstate wages paid or payable by 3 the employer during that year is less than $850,000. 4 4 Pay-roll of employer $850,000 or more 5 If the total taxable wages and interstate wages paid or payable by 6 an employer during a financial year is $850,000 or more, the 7 employer is liable to pay as pay-roll tax for that year the amount 8 of dollars calculated in accordance with the following formula: 9 TW 6- TW ----------------------- × 850,000 × -------- - TW + IW 100 Part 2 Groups with a designated group employer 10 5 Application of Part 11 This Part applies only to an employer who is a member of a group 12 for which there is a designated group employer. 13 6 Definitions 14 In this Part: 15 designated group employer means a member designated as the 16 designated group employer for a group in accordance with 17 section 16I. 18 financial year means the financial year commencing on 1 July 19 2007 or on 1 July in any subsequent financial year. 20 group means a group for which there is a designated group 21 employer. 22 GIW represents the total interstate wages paid or payable by the 23 group concerned during the financial year to which the 24 calculation of the relevant pay-roll tax relates. 25 GTW represents the total taxable wages paid or payable by the 26 group concerned during the financial year to which the 27 calculation of the relevant pay-roll tax relates. 28 TW represents the total taxable wages paid or payable by the 29 employer concerned during the financial year to which the 30 calculation of the relevant pay-roll tax relates. 31 Page 6
Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 Amendments Schedule 1 7 Pay-roll of group under $850,000 1 None of the members of a group is liable to pay pay-roll tax for 2 the financial year if the total taxable wages and interstate wages 3 paid or payable by the group during that year is less than 4 $850,000. 5 8 Pay-roll of group $850,000 or more 6 (1) If the total taxable wages and interstate wages paid or payable by 7 a group during the financial year is $850,000 or more, pay-roll 8 tax is payable as provided by subclauses (2) and (3). 9 (2) The designated group employer for the group is liable to pay as 10 pay-roll tax for the financial year the amount of dollars calculated 11 in accordance with the following formula: 12 GTW - 6- TW -------------------------------- × 850,000 × -------- GTW + GIW 100 (3) Each member of the group (other than the designated group 13 employer) is liable to pay as pay-roll tax for the financial year the 14 amount of dollars calculated in accordance with the following 15 formula: 16 6- TW × -------- 100 Part 3 Groups with no designated group 17 employer 18 9 Application of Part 19 This Part applies only to an employer who is a member of a group 20 for which there is no designated group employer. 21 10 Definitions 22 In this Part: 23 designated group employer means a member designated as the 24 designated group employer for a group in accordance with 25 section 16I. 26 financial year means the financial year commencing on 1 July 27 2007 or on 1 July in any subsequent financial year. 28 GIW represents the total interstate wages paid or payable by the 29 group concerned during the financial year to which the 30 calculation of the relevant pay-roll tax relates. 31 Page 7
Pay-roll Tax Amendment (Supporting Jobs and Small Business) Bill 2005 Schedule 1 Amendments group means a group for which there is no designated group 1 2 employer. 3 GTW represents the total taxable wages paid or payable by the 4 group concerned during the financial year to which the 5 calculation of the relevant pay-roll tax relates. 6 TW represents the total taxable wages paid or payable by the 7 employer concerned during the financial year to which the 8 calculation of the relevant pay-roll tax relates. 9 11 Pay-roll of group under $850,000 10 None of the members of a group is liable to pay pay-roll tax for 11 the financial year if the total taxable wages and interstate wages 12 paid or payable by the group during that year is less than 13 $850,000. 14 12 Pay-roll of group $850,000 or more 15 If the total taxable wages and interstate wages paid or payable by 16 a group during the financial year is $850,000 or more, each 17 member of the group is liable to pay as pay-roll tax for that year 18 the amount of dollars calculated in accordance with the following 19 formula: TW 6- TW -------------------------------- × 850,000 × -------- - GTW + GIW 100 20 [11] Schedule 6 Savings, transitional and other provisions 21 Insert at the end of clause 1 (1): 22 Pay-roll Tax Amendment (Supporting Jobs and Small Business) 23 Act 2005 Page 8
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