Western Australian Consolidated Regulations

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PAY-ROLL TAX ASSESSMENT REGULATIONS 2003 - REG 40

40 .         Adjustments for unused allowances

        (1)         This regulation applies if —

            (a)         an accommodation allowance is paid to an employee in advance of an expected business night;

            (b)         the amount of the allowance is not treated as wages in the return period during which it is paid; and

            (c)         the employee is in fact not absent as expected on that night or stays in accommodation provided by the employer.

        (2)         An adjustment is to be made under subregulation (3) unless the employee —

            (a)         is absent on another business night during the relevant period and is not paid another accommodation allowance for that night; or

            (b)         repays the unused allowance to the employer during the adjustment period.

        (3)         If an adjustment is to be made for the purposes of subregulation (2) then, at the end of the adjustment period, the employer must add an amount equal to the amount of the unused accommodation allowance to the amount shown in the return as the amount of wages paid or payable by the employer to the employee for the last return period in the adjustment period.

        (4)         For the purposes of this regulation, the adjustment period is the period consisting of —

            (a)         the return period during which the employee’s absence was initially expected to occur;

            (b)         the following return period; and

            (c)         any subsequent return periods that the Commissioner in writing allows to be included.



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