sec.49Sharing of excess deduction by entitled group members on group ceasing to exist

### sec.49 Sharing of excess deduction by entitled group members on group ceasing to exist This section applies if— there is an excess deduction for an assessment of final liability of the DGE for a group; and all members of the group cease to pay, or be liable to pay, wages as members of the group before 30 June in the relevant financial year. An entitled group member for the excess deduction is, after all group members have ceased to pay, or be liable to pay, wages as members of the group, entitled to the following share of the excess deduction— if the member is first in the order of entitled group members—the lesser of the following amounts— the excess deduction; the member’s final wages for the relevant final period; or for another entitled group member, the lesser of the following amounts— so much of the excess deduction remaining after the preceding entitled group member in the order of entitled group members has received the preceding member’s share; the member’s final wages for the relevant final period. The commissioner must make an assessment or reassessment of an entitled group member’s final liability for the relevant final period. An assessment or reassessment mentioned in subsection (3) must be made on the basis that, for part 2 , division 5 , subdivision 1 , the member’s final payroll tax amount for the relevant final period is the amount worked out by applying the appropriate rate of payroll tax to the member’s final wages for the period less the member’s share of the excess deduction under subsection (2) . In this section— final wages see section 37 . relevant final period , for an entitled group member, means the final period for the change of status of the member happening at the time the member ceases to pay, or be liable to pay, wages as a member of the group. s 49 prev s 49 om 2004 No. 46 s 33 pres s 49 ins 2004 No. 46 s 17 amd 2009 No. 19 s 73 (sec.49-ssec.1) This section applies if— there is an excess deduction for an assessment of final liability of the DGE for a group; and all members of the group cease to pay, or be liable to pay, wages as members of the group before 30 June in the relevant financial year. (sec.49-ssec.2) An entitled group member for the excess deduction is, after all group members have ceased to pay, or be liable to pay, wages as members of the group, entitled to the following share of the excess deduction— if the member is first in the order of entitled group members—the lesser of the following amounts— the excess deduction; the member’s final wages for the relevant final period; or for another entitled group member, the lesser of the following amounts— so much of the excess deduction remaining after the preceding entitled group member in the order of entitled group members has received the preceding member’s share; the member’s final wages for the relevant final period. (sec.49-ssec.3) The commissioner must make an assessment or reassessment of an entitled group member’s final liability for the relevant final period. (sec.49-ssec.4) An assessment or reassessment mentioned in subsection (3) must be made on the basis that, for part 2 , division 5 , subdivision 1 , the member’s final payroll tax amount for the relevant final period is the amount worked out by applying the appropriate rate of payroll tax to the member’s final wages for the period less the member’s share of the excess deduction under subsection (2) . (sec.49-ssec.5) In this section— final wages see section 37 . relevant final period , for an entitled group member, means the final period for the change of status of the member happening at the time the member ceases to pay, or be liable to pay, wages as a member of the group. - (a) there is an excess deduction for an assessment of final liability of the DGE for a group; and - (b) all members of the group cease to pay, or be liable to pay, wages as members of the group before 30 June in the relevant financial year. - (a) if the member is first in the order of entitled group members—the lesser of the following amounts— (i) the excess deduction; (ii) the member’s final wages for the relevant final period; or - (i) the excess deduction; - (ii) the member’s final wages for the relevant final period; or - (b) for another entitled group member, the lesser of the following amounts— (i) so much of the excess deduction remaining after the preceding entitled group member in the order of entitled group members has received the preceding member’s share; (ii) the member’s final wages for the relevant final period. - (i) so much of the excess deduction remaining after the preceding entitled group member in the order of entitled group members has received the preceding member’s share; - (ii) the member’s final wages for the relevant final period. - (i) the excess deduction; - (ii) the member’s final wages for the relevant final period; or - (i) so much of the excess deduction remaining after the preceding entitled group member in the order of entitled group members has received the preceding member’s share; - (ii) the member’s final wages for the relevant final period.