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This is a Bill, not an Act. For current law, see the Acts databases.


PAY-ROLL TAX BILL 2001

                        Western Australia


                Pay-roll Tax Bill 2001

                          CONTENTS


       Part 1 -- Preliminary
1.     Short title                                     2
2.     Commencement                                    2
3.     Relationship with other Acts                    2
4.     Meaning of terms                                2
       Part 2 -- Imposition of pay-roll tax
       Division 1 -- Imposition
5.     Imposition of pay-roll tax                      3
       Division 2 -- Local non-group employers
6.     Monthly rate                                    3
7.     Annual rate                                     4
       Division 3 -- Interstate non-group employers
8.     Annual rate                                     6
9.     Monthly rate based on estimates                 7
       Division 4 -- Group employers
10 .   Annual rate                                     8
11 .   Monthly rate based on estimates                10




                                                      page i
                             81--1
                           Western Australia


                     LEGISLATIVE ASSEMBLY



                   Pay-roll Tax Bill 2001


                               A Bill for


An Act to impose pay-roll tax.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Pay-roll Tax Bill 2001
     Part 1            Preliminary

     s. 1



                             Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Pay-roll Tax Act 2001.

     2.       Commencement
5             This Act comes into operation on the day on which the Taxation
              Administration Act 2001 comes into operation.

     3.       Relationship with other Acts
              The Pay-roll Tax Assessment Act 2001 and the Taxation
              Administration Act 2001 are to be read with this Act as if they
10            formed a single Act.

     4.       Meaning of terms
              The Glossaries at the ends of the Pay-roll Tax Assessment
              Act 2001 and the Taxation Administration Act 2001 define or
              affect the meaning of some of the words and expressions used in
15            this Act and also affect the operation of other provisions.




     page 2
                                                                  Pay-roll Tax Bill 2001
                                               Imposition of pay-roll tax         Part 2
                                                              Imposition     Division 1
                                                                                     s. 5



                    Part 2 -- Imposition of pay-roll tax
                                 Division 1 -- Imposition
     5.         Imposition of pay-roll tax
                Pay-roll tax is imposed at the rates set out --
5                (a)    for local non-group employers -- in Division 2;
                 (b)    for interstate non-group employers -- in Division 3; and
                 (c)    for group employers -- in Division 4.

                    Division 2 -- Local non-group employers
     6.         Monthly rate
10        (1)   The rate of pay-roll tax payable for a month or part of a month
                by a local non-group employer is the rate set out, or determined
                under the subsection referred to, in the Table to this subsection
                according to the amount of WA taxable wages paid or payable
                by the employer during that month or part of a month.

                   Amount of WA taxable wages paid or payable
                    during the month or part of a month ($)                  Rate
                                 225 000 × D
                Not more than                                           3.65%
                                     M
                            225 000 × D               375 000 × D       Rate determined
                More than               but less than                   under
                                 M                         M
                                                                        subsection (2)
                                375 000 × D               468 750 × D   Rate determined
                Not less than               but less than               under
                                     M                         M
                                                                        subsection (3)
                 468 750 × D
                             or more                                    6.00%
                      M




                                                                                 page 3
     Pay-roll Tax Bill 2001
     Part 2            Imposition of pay-roll tax
     Division 2        Local non-group employers
     s. 7



          (2)   The rate determined under this subsection is R% in the
                formula --
                      8 212.50 × D                   225 000 × D 
                                    + 0.06025 ×  W -             
                           M                              M      
                R% =                                              × 100
                                          W

          (3)   The rate determined under this subsection is R% in the
5               formula --
                      17 250 × D                 375 000 × D 
                                  + 0.116 ×  W -             
                          M                           M      
                R% =                                          × 100
                                        W

          (4)   The rates determined under subsections (2) and (3) are to be
                calculated to 4 decimal places.
          (5)   In this section --
10                 D is the number of days in the month, or part of the month,
                         during which WA taxable wages were paid or payable
                         by the employer;
                   M is the number of days in the month;
                   W is the total amount of WA taxable wages paid or payable
15                       by the employer during the month or part of the month.

     7.         Annual rate
          (1)   The rate of pay-roll tax payable for a financial year or part of a
                financial year by a local non-group employer is the rate set out,
                or determined under the subsection referred to, in the Table to
20              this subsection according to the amount of WA taxable wages
                paid or payable by the employer during that financial year or
                part of a year.

                   Amount of WA taxable wages paid or payable
                    during the financial year or part of a year ($)       Rate
                               2 700 000 × D
                Not more than                                         3.65%
                                     Y



     page 4
                                                             Pay-roll Tax Bill 2001
                                          Imposition of pay-roll tax         Part 2
                                        Local non-group employers       Division 2
                                                                                s. 7



             Amount of WA taxable wages paid or payable
              during the financial year or part of a year ($)                Rate
                     2 700 000 × D                4 500 000 × D        Rate determined
           More than                but less than                      under
                           Y                            Y
                                                                       subsection (2)
                           4 500 000 × D               5 625 000 × D   Rate determined
           Not less than                 but less than                 under
                                 Y                           Y
                                                                       subsection (3)
            5 625 000 × D
                          or more                                      6.00%
                  Y

     (2)   The rate determined under this subsection is R% in the
           formula --
                 98 550 × D                   2 700 000 × D 
                             + 0.06025 ×  W -               
                     Y                              Y       
           R% =                                              × 100
                                     W

     (3)   The rate determined under this subsection is R% in the
5          formula --
                 207 000 × D                 4 500 000 × D 
                              + 0.116 ×  W -               
                      Y                            Y       
           R% =                                             × 100
                                    W

     (4)   The rates determined under subsections (2) and (3) are to be
           calculated to 4 decimal places.
     (5)   In this section --
10            D is the number of days in the financial year, or part of the
                    year, during which WA taxable wages were paid or
                    payable by the employer;
              Y is the number of days in the financial year;
              W is the total amount of WA taxable wages paid or payable
15                  by the employer during the financial year or part of the
                    year.




                                                                                page 5
     Pay-roll Tax Bill 2001
     Part 2            Imposition of pay-roll tax
     Division 3        Interstate non-group employers
     s. 8



                 Division 3 -- Interstate non-group employers
     8.         Annual rate
          (1)   The rate of pay-roll tax payable for a financial year or part of a
                year by an interstate non-group employer is the rate set out, or
5               determined under the subsection referred to, in the Table to this
                subsection according to the amount of WA taxable wages and
                interstate taxable wages paid or payable by the employer during
                the financial year or part of a year.

                          Amount of WA taxable wages and
                      interstate taxable wages paid or payable                   Rate
                    during the financial year or part of a year ($)
                              2 700 000 × D
                Not more than                                               3.65%
                                    Y
                            2 700 000 × D               4 500 000 × D       Rate
                More than                 but less than                     determined
                                  Y                           Y
                                                                            under
                                                                            subsection (2)
                                4 500 000 × D               5 625 000 × D   Rate
                Not less than                 but less than                 determined
                                      Y                           Y
                                                                            under
                                                                            subsection (3)
                 5 625 000 × D
                               or more                                      6.00%
                       Y

          (2)   The rate determined under this subsection is R% in the
10              formula --
                      98 550 × D                          2 700 000 × D 
                                  + 0.06025 ×  (W + I ) -               
                          Y                                     Y       
                R% =                                                     × 100
                                          (W + I)




     page 6
                                                               Pay-roll Tax Bill 2001
                                            Imposition of pay-roll tax         Part 2
                                     Interstate non-group employers       Division 3
                                                                                  s. 9



          (3)   The rate determined under this subsection is R% in the
                formula --
                      207 000 × D                         4 500 000 × D 
                                   + 0.1160 ×  (W + I ) -               
                           Y                                    Y       
                R% =                                                     × 100
                                          (W + I )
          (4)   The rates determined under subsections (2) and (3) are to be
5               calculated to 4 decimal places.
          (5)   However if an employer fails to comply with section 27 of the
                Pay-roll Tax Assessment Act 2001 for a financial year or part of
                a year, the rate of pay-roll tax payable for the financial year or
                part of a year by the employer is 6.00%.
10        (6)   In this section --
                   D is the number of days in the financial year, or part of the
                         year, during which WA taxable wages or interstate
                         taxable wages were paid or payable by the employer;
                   Y is the number of days in the financial year;
15                 W is the total amount of WA taxable wages paid or payable
                         by the employer during the financial year or part of the
                         year;
                    I is the total amount of interstate taxable wages paid or
                         payable by the employer during the financial year or
20                       part of the year.

     9.         Monthly rate based on estimates
                The rate of pay-roll tax payable for each month or part of a
                month in a financial year or part of a year by an interstate
                non-group employer is --
25                (a) 6.00%; or
                  (b) if a determination under section 9 of the Pay-roll Tax
                       Assessment Act 2001 is in force in relation to the
                       employer -- the rate determined in accordance with



                                                                                 page 7
     Pay-roll Tax Bill 2001
     Part 2            Imposition of pay-roll tax
     Division 4        Group employers
     s. 10



                         section 8 calculated (to 2 decimal places) on the basis
                         of --
                           (i) the estimated total amount of WA taxable wages
                                and interstate taxable wages that will be payable
5                               by the employer during the financial year or part
                                of the year; and
                          (ii) the estimated number of days in the financial
                                year, or part of the year, during which WA
                                taxable wages or interstate taxable wages will be
10                              payable by the employer.

                             Division 4 -- Group employers
     10.         Annual rate
           (1)   The rate of pay-roll tax payable for a financial year or part of a
                 year by each member of a group is the rate set out, or
15               determined under the subsection referred to, in the Table to this
                 subsection according to the amount of WA taxable wages and
                 interstate taxable wages paid or payable by all members of the
                 group during the financial year or part of a year.

                           Amount of WA taxable wages and
                       interstate taxable wages paid or payable                   Rate
                     during the financial year or part of a year ($)
                               2 700 000 × D
                 Not more than                                               3.65%
                                     Y
                             2 700 000 × D               4 500 000 × D       Rate
                 More than                 but less than                     determined
                                   Y                           Y
                                                                             under
                                                                             subsection (2)
                                 4 500 000 × D               5 625 000 × D   Rate
                 Not less than                 but less than                 determined
                                       Y                           Y
                                                                             under
                                                                             subsection (3)
                  5 625 000 × D
                                or more                                      6.00%
                        Y



     page 8
                                                          Pay-roll Tax Bill 2001
                                       Imposition of pay-roll tax         Part 2
                                              Group employers        Division 4
                                                                            s. 10



     (2)   The rate determined under this subsection is R% in the
           formula --
                 98 550 × D                          2 700 000 × D 
                             + 0.06025 ×  (W + I ) -               
                     Y                                     Y       
           R% =                                                     × 100
                                     (W + I)
     (3)   The rate determined under this subsection is R% in the
5          formula --
                 207 000 × D                         4 500 000 × D 
                              + 0.1160 ×  (W + I ) -               
                      Y                                    Y       
           R% =                                                     × 100
                                     (W + I )
     (4)   The rates determined under subsections (2) and (3) are to be
           calculated to 4 decimal places.
     (5)   However if a member of the group fails to comply with
10         section 27 of the Pay-roll Tax Assessment Act 2001 for a
           financial year or part of a year, the rate of pay-roll tax payable
           for the financial year or part of a year by each member of a
           group is 6.00%.
     (6)   In this section --
15            D is the number of days in the financial year, or part of the
                    year, during which WA taxable wages or interstate
                    taxable wages were paid or payable by a member of the
                    group;
              Y is the number of days in the financial year;
20            W is the total amount of WA taxable wages paid or payable
                    by all members of the group during the financial year or
                    part of the year;
               I is the total amount of interstate taxable wages paid or
                    payable by all members of the group during the financial
25                  year or part of the year.




                                                                            page 9
     Pay-roll Tax Bill 2001
     Part 2            Imposition of pay-roll tax
     Division 4        Group employers
     s. 11



     11.       Monthly rate based on estimates
               The rate of pay-roll tax payable for each month or part of a
               month in a financial year or part of a year by each member of a
               group is --
5                (a) 6.00%; or
                 (b) if a determination under section 9 of the Pay-roll Tax
                       Assessment Act 2001 is in force for the members of the
                       group -- the rate determined in accordance with
                       section 10 calculated (to 2 decimal places) on the basis
10                     of --
                         (i) the estimated total amount of WA taxable wages
                              and interstate taxable wages that will be payable
                              by all members of the group during the financial
                              year or part of the year; and
15                      (ii) the estimated number of days in the financial
                              year, or part of the year, during which WA
                              taxable wages or interstate taxable wages will be
                              payable by a member of the group.




     page 10

 


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