sec.5Meaning of change of status

### sec.5 Meaning of change of status A change of status happens for a person who is an employer if, during a financial year— the person ceases to be an employer and does not intend to resume being an employer during the remainder of the year or the next financial year; or There is no change of status for a fruit grower who ceases to pay wages after the fruit picking season but intends to resume paying wages later in the financial year or in the next financial year. for a person who pays, or is liable to pay, taxable wages and who is not a group member—the person becomes a group member; or for a person who pays, or is liable to pay, wages and is a non-DGE group member— the person starts paying, or becomes liable to pay, taxable wages other than as a group member; or the person becomes the DGE for a group; or the person ceases to be the DGE for a group; or an administrator is appointed for the property of the person; or the appointment of an administrator for the person’s property ceases to have effect. A change of status happens— if subsection (1) (a) applies—on the first day the person— does not pay, and is not liable to pay, wages; and does not intend to resume paying wages for the remainder of the year or the next financial year; or if subsection (1) (b) applies—on the first day the person is a group member; or if subsection (1) (c) (i) applies—on the first day the person pays, or is liable to pay, taxable wages other than as a group member; or if subsection (1) (c) (ii) applies—on the first day of the periodic return period in which the person becomes the DGE for the group; or See also section 75 (1) and (2) . if subsection (1) (d) applies— if all the group members cease to pay, or be liable to pay, wages as members of the group during the relevant periodic return period on or before the day the person ceases to be the DGE for the group—on the first day the person is not the DGE for the group; or otherwise—on the first day of the relevant periodic return period; or See also section 75 (3) . if subsection (1) (e) applies—on the day the administrator is appointed; or if subsection (1) (f) applies—on the day after the appointment ceases to have effect. For subsection (2) (e) , the relevant periodic return period is the periodic return period in which the person ceases to be the DGE for the group. If an employer who is not a group member changes status, the employer is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period. If an employer who is the DGE for a group changes status, the DGE is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period. If an employer who is a non-DGE group member changes status— the employer is required to lodge a final return for, and pay, payroll tax for the final period; and the DGE for the group is required to lodge a final return for, and pay, the mental health levy for the final period. s 5 prev s 5 amd 1995 No. 57 s 4 sch 1 ; 2001 No. 72 s 164 sch 1 ; 2002 No. 56 s 18 om 2004 No. 46 s 7 pres s 5 ins 2004 No. 46 s 6 amd 2009 No. 19 s 73 ; 2022 No. 30 s 13 (sec.5-ssec.1) A change of status happens for a person who is an employer if, during a financial year— the person ceases to be an employer and does not intend to resume being an employer during the remainder of the year or the next financial year; or There is no change of status for a fruit grower who ceases to pay wages after the fruit picking season but intends to resume paying wages later in the financial year or in the next financial year. for a person who pays, or is liable to pay, taxable wages and who is not a group member—the person becomes a group member; or for a person who pays, or is liable to pay, wages and is a non-DGE group member— the person starts paying, or becomes liable to pay, taxable wages other than as a group member; or the person becomes the DGE for a group; or the person ceases to be the DGE for a group; or an administrator is appointed for the property of the person; or the appointment of an administrator for the person’s property ceases to have effect. (sec.5-ssec.2) A change of status happens— if subsection (1) (a) applies—on the first day the person— does not pay, and is not liable to pay, wages; and does not intend to resume paying wages for the remainder of the year or the next financial year; or if subsection (1) (b) applies—on the first day the person is a group member; or if subsection (1) (c) (i) applies—on the first day the person pays, or is liable to pay, taxable wages other than as a group member; or if subsection (1) (c) (ii) applies—on the first day of the periodic return period in which the person becomes the DGE for the group; or See also section 75 (1) and (2) . if subsection (1) (d) applies— if all the group members cease to pay, or be liable to pay, wages as members of the group during the relevant periodic return period on or before the day the person ceases to be the DGE for the group—on the first day the person is not the DGE for the group; or otherwise—on the first day of the relevant periodic return period; or See also section 75 (3) . if subsection (1) (e) applies—on the day the administrator is appointed; or if subsection (1) (f) applies—on the day after the appointment ceases to have effect. (sec.5-ssec.3) For subsection (2) (e) , the relevant periodic return period is the periodic return period in which the person ceases to be the DGE for the group. If an employer who is not a group member changes status, the employer is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period. If an employer who is the DGE for a group changes status, the DGE is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period. If an employer who is a non-DGE group member changes status— the employer is required to lodge a final return for, and pay, payroll tax for the final period; and the DGE for the group is required to lodge a final return for, and pay, the mental health levy for the final period. - (a) the person ceases to be an employer and does not intend to resume being an employer during the remainder of the year or the next financial year; or Example for paragraph (a) — There is no change of status for a fruit grower who ceases to pay wages after the fruit picking season but intends to resume paying wages later in the financial year or in the next financial year. - (b) for a person who pays, or is liable to pay, taxable wages and who is not a group member—the person becomes a group member; or - (c) for a person who pays, or is liable to pay, wages and is a non-DGE group member— (i) the person starts paying, or becomes liable to pay, taxable wages other than as a group member; or (ii) the person becomes the DGE for a group; or - (i) the person starts paying, or becomes liable to pay, taxable wages other than as a group member; or - (ii) the person becomes the DGE for a group; or - (d) the person ceases to be the DGE for a group; or - (e) an administrator is appointed for the property of the person; or - (f) the appointment of an administrator for the person’s property ceases to have effect. - (i) the person starts paying, or becomes liable to pay, taxable wages other than as a group member; or - (ii) the person becomes the DGE for a group; or - (a) if subsection (1) (a) applies—on the first day the person— (i) does not pay, and is not liable to pay, wages; and (ii) does not intend to resume paying wages for the remainder of the year or the next financial year; or - (i) does not pay, and is not liable to pay, wages; and - (ii) does not intend to resume paying wages for the remainder of the year or the next financial year; or - (b) if subsection (1) (b) applies—on the first day the person is a group member; or - (c) if subsection (1) (c) (i) applies—on the first day the person pays, or is liable to pay, taxable wages other than as a group member; or - (d) if subsection (1) (c) (ii) applies—on the first day of the periodic return period in which the person becomes the DGE for the group; or Note— See also section 75 (1) and (2) . - (e) if subsection (1) (d) applies— (i) if all the group members cease to pay, or be liable to pay, wages as members of the group during the relevant periodic return period on or before the day the person ceases to be the DGE for the group—on the first day the person is not the DGE for the group; or (ii) otherwise—on the first day of the relevant periodic return period; or Note— See also section 75 (3) . - (i) if all the group members cease to pay, or be liable to pay, wages as members of the group during the relevant periodic return period on or before the day the person ceases to be the DGE for the group—on the first day the person is not the DGE for the group; or - (ii) otherwise—on the first day of the relevant periodic return period; or Note— See also section 75 (3) . - (f) if subsection (1) (e) applies—on the day the administrator is appointed; or - (g) if subsection (1) (f) applies—on the day after the appointment ceases to have effect. - (i) does not pay, and is not liable to pay, wages; and - (ii) does not intend to resume paying wages for the remainder of the year or the next financial year; or - (i) if all the group members cease to pay, or be liable to pay, wages as members of the group during the relevant periodic return period on or before the day the person ceases to be the DGE for the group—on the first day the person is not the DGE for the group; or - (ii) otherwise—on the first day of the relevant periodic return period; or Note— See also section 75 (3) . - 1 If an employer who is not a group member changes status, the employer is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period. - 2 If an employer who is the DGE for a group changes status, the DGE is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period. - 3 If an employer who is a non-DGE group member changes status— (a) the employer is required to lodge a final return for, and pay, payroll tax for the final period; and (b) the DGE for the group is required to lodge a final return for, and pay, the mental health levy for the final period. - (a) the employer is required to lodge a final return for, and pay, payroll tax for the final period; and - (b) the DGE for the group is required to lodge a final return for, and pay, the mental health levy for the final period. - (a) the employer is required to lodge a final return for, and pay, payroll tax for the final period; and - (b) the DGE for the group is required to lodge a final return for, and pay, the mental health levy for the final period.