QLDIn ForceAct
Payroll Tax Act 1971
sec.119Commissioner assessment—employer who ceases to be a DGE in a transitional year before commencement
Start here
Get a plain-English read of sec.119
Turn the raw legal text into a practical explanation grounded in Payroll Tax Act 1971.
### sec.119 Commissioner assessment—employer who ceases to be a DGE in a transitional year before commencement
This section applies in relation to an employer who—
ceases to be the DGE for a group—
during a transitional year; and
before the commencement; and
either—
the employer lodges, or is required under section 64 to lodge, a final return for a change of status happening in the transitional year after the commencement; or
if subparagraph (i) does not apply—lodges, or is required under section 63 to lodge, an annual return for the transitional year.
The commissioner must make a reassessment of the employer’s final liability or annual liability, as applicable, to reduce the relevant wages by the total amount of the deductions claimed by the employer under previous section 16I during the year.
Also, in making an original assessment of the employer’s final liability or annual liability, as applicable, the commissioner must reduce the relevant wages by the total amount of the deductions claimed by the employer under previous section 16I during the year.
In this section—
relevant wages means—
for an employer to whom subsection (1)(b)(i) applies—the employer’s final wages for the final period; or
for an employer to whom subsection (1)(b)(ii) applies—the employer’s annual wages for the transitional year.
s 119 ins 2004 No. 46 s 35
(sec.119-ssec.1) This section applies in relation to an employer who— ceases to be the DGE for a group— during a transitional year; and before the commencement; and either— the employer lodges, or is required under section 64 to lodge, a final return for a change of status happening in the transitional year after the commencement; or if subparagraph (i) does not apply—lodges, or is required under section 63 to lodge, an annual return for the transitional year.
(sec.119-ssec.2) The commissioner must make a reassessment of the employer’s final liability or annual liability, as applicable, to reduce the relevant wages by the total amount of the deductions claimed by the employer under previous section 16I during the year.
(sec.119-ssec.3) Also, in making an original assessment of the employer’s final liability or annual liability, as applicable, the commissioner must reduce the relevant wages by the total amount of the deductions claimed by the employer under previous section 16I during the year.
(sec.119-ssec.4) In this section— relevant wages means— for an employer to whom subsection (1)(b)(i) applies—the employer’s final wages for the final period; or for an employer to whom subsection (1)(b)(ii) applies—the employer’s annual wages for the transitional year.
- (a) ceases to be the DGE for a group— (i) during a transitional year; and (ii) before the commencement; and
- (i) during a transitional year; and
- (ii) before the commencement; and
- (b) either— (i) the employer lodges, or is required under section 64 to lodge, a final return for a change of status happening in the transitional year after the commencement; or (ii) if subparagraph (i) does not apply—lodges, or is required under section 63 to lodge, an annual return for the transitional year.
- (i) the employer lodges, or is required under section 64 to lodge, a final return for a change of status happening in the transitional year after the commencement; or
- (ii) if subparagraph (i) does not apply—lodges, or is required under section 63 to lodge, an annual return for the transitional year.
- (i) during a transitional year; and
- (ii) before the commencement; and
- (i) the employer lodges, or is required under section 64 to lodge, a final return for a change of status happening in the transitional year after the commencement; or
- (ii) if subparagraph (i) does not apply—lodges, or is required under section 63 to lodge, an annual return for the transitional year.
- (a) for an employer to whom subsection (1)(b)(i) applies—the employer’s final wages for the final period; or
- (b) for an employer to whom subsection (1)(b)(ii) applies—the employer’s annual wages for the transitional year.