sec.29Definitions for sdiv 1

### sec.29 Definitions for sdiv 1 In this subdivision— annual adjustment amount , for the employer for a financial year, means the difference between— the employer’s annual payroll tax amount for the year; and the employer’s periodic liability for periodic return periods in the year. s 29 def annual adjustment amount amd 2009 No. 19 s 73 annual deduction , for the employer for a financial year, means the greater of zero and the amount worked out using the following formula— where— A means the number of days in the part of the year starting on 1 July and ending on 31 December for which the employer pays, or is liable to pay, wages, other than foreign wages. AD means the annual deduction in dollars. AW means the employer’s annual wages for the year. B means the number of days in the part of the year starting on 1 January and ending on 30 June for which the employer pays, or is liable to pay, wages, other than foreign wages. C means the number of days in the year. IW means the amount of interstate wages paid or payable in the year. K means 1,300,000. s 29 def annual deduction amd 2006 No. 34 s 15 ; 2008 No. 39 s 31 ; 2009 No. 19 s 63 ; 2012 No. 8 s 42 ; 2019 No. 20 s 37 ; 2022 No. 14 s 74 annual payroll tax amount , for the employer for a financial year, means— if the employer is not a group member on 30 June in the year and the employer’s annual deduction for the year is greater than the employer’s annual wages for the year—zero; or if the employer is not a group member on 30 June in the year and paragraph (a) does not apply—the amount worked out by applying the appropriate rate of payroll tax to the employer’s annual wages for the year less the employer’s annual deduction for the year; or if the employer is a group member on 30 June in the year—the amount worked out by applying the appropriate rate of payroll tax to the employer’s annual wages for the year. s 29 def annual payroll tax amount amd 2009 No. 19 s 73 annual wages , for the employer for a financial year, means the total taxable wages paid or payable by the employer during the year. Despite subsection (1) , definition annual deduction , if a person who did not pay and was not liable to pay taxable wages or interstate wages for any part of a financial year satisfies the commissioner that, by reason of the nature of the person’s trade or business, the taxable wages and interstate wages (if any) paid or payable by the person fluctuate with different periods of the financial year, the commissioner may treat the person— if the person has conducted that trade or business in Australia during the whole of the financial year—as an employer throughout the financial year; or if the person has conducted that trade or business in Australia during part only of the financial year—as an employer during that lastmentioned part of the financial year. However, if under section 64 (2) the person lodged, or was required to lodge, 1 or more final returns during the year, subsection (2) can apply in relation to the person only if the person did not pay, and was not liable to pay, taxable wages or interstate wages for a part of the year after the end of the last final period. Also, the commissioner may treat the person, under subsection (2) , as an employer only during the part of the year after the end of the last final period. s 29 prev s 29 om 2004 No. 46 s 27 pres s 29 ins 1975 No. 80 s 8 amd 1976 No. 77 s 4 ; 1977 No. 59 s 3 ; 1979 No. 54 s 7 ; 1980 No. 54 s 4 ; 1982 No. 64 s 4 ; 1984 No. 4 s 7 (retro); 1984 No. 107 s 5 ; 1985 No. 100 s 7 ; 1986 No. 50 s 5 ; 1988 No. 99 s 5 ; 1990 No. 22 s 7 (retro); 1991 No. 74 s 5 ; 1992 No. 54 s 5 ; 1995 No. 28 s 8 ; 1996 No. 48 s 7 ; 1997 No. 43 s 16 ; 2004 No. 46 s 16 ; 2022 No. 30 s 33 (sec.29-ssec.1) In this subdivision— annual adjustment amount , for the employer for a financial year, means the difference between— the employer’s annual payroll tax amount for the year; and the employer’s periodic liability for periodic return periods in the year. s 29 def annual adjustment amount amd 2009 No. 19 s 73 annual deduction , for the employer for a financial year, means the greater of zero and the amount worked out using the following formula— where— A means the number of days in the part of the year starting on 1 July and ending on 31 December for which the employer pays, or is liable to pay, wages, other than foreign wages. AD means the annual deduction in dollars. AW means the employer’s annual wages for the year. B means the number of days in the part of the year starting on 1 January and ending on 30 June for which the employer pays, or is liable to pay, wages, other than foreign wages. C means the number of days in the year. IW means the amount of interstate wages paid or payable in the year. K means 1,300,000. s 29 def annual deduction amd 2006 No. 34 s 15 ; 2008 No. 39 s 31 ; 2009 No. 19 s 63 ; 2012 No. 8 s 42 ; 2019 No. 20 s 37 ; 2022 No. 14 s 74 annual payroll tax amount , for the employer for a financial year, means— if the employer is not a group member on 30 June in the year and the employer’s annual deduction for the year is greater than the employer’s annual wages for the year—zero; or if the employer is not a group member on 30 June in the year and paragraph (a) does not apply—the amount worked out by applying the appropriate rate of payroll tax to the employer’s annual wages for the year less the employer’s annual deduction for the year; or if the employer is a group member on 30 June in the year—the amount worked out by applying the appropriate rate of payroll tax to the employer’s annual wages for the year. s 29 def annual payroll tax amount amd 2009 No. 19 s 73 annual wages , for the employer for a financial year, means the total taxable wages paid or payable by the employer during the year. (sec.29-ssec.2) Despite subsection (1) , definition annual deduction , if a person who did not pay and was not liable to pay taxable wages or interstate wages for any part of a financial year satisfies the commissioner that, by reason of the nature of the person’s trade or business, the taxable wages and interstate wages (if any) paid or payable by the person fluctuate with different periods of the financial year, the commissioner may treat the person— if the person has conducted that trade or business in Australia during the whole of the financial year—as an employer throughout the financial year; or if the person has conducted that trade or business in Australia during part only of the financial year—as an employer during that lastmentioned part of the financial year. (sec.29-ssec.3) However, if under section 64 (2) the person lodged, or was required to lodge, 1 or more final returns during the year, subsection (2) can apply in relation to the person only if the person did not pay, and was not liable to pay, taxable wages or interstate wages for a part of the year after the end of the last final period. (sec.29-ssec.4) Also, the commissioner may treat the person, under subsection (2) , as an employer only during the part of the year after the end of the last final period. - (a) the employer’s annual payroll tax amount for the year; and - (b) the employer’s periodic liability for periodic return periods in the year. - (a) if the employer is not a group member on 30 June in the year and the employer’s annual deduction for the year is greater than the employer’s annual wages for the year—zero; or - (b) if the employer is not a group member on 30 June in the year and paragraph (a) does not apply—the amount worked out by applying the appropriate rate of payroll tax to the employer’s annual wages for the year less the employer’s annual deduction for the year; or - (c) if the employer is a group member on 30 June in the year—the amount worked out by applying the appropriate rate of payroll tax to the employer’s annual wages for the year. - (a) if the person has conducted that trade or business in Australia during the whole of the financial year—as an employer throughout the financial year; or - (b) if the person has conducted that trade or business in Australia during part only of the financial year—as an employer during that lastmentioned part of the financial year.