sec.78Reassessment—annual liability of non-group employer who has lodged a final return

### sec.78 Reassessment—annual liability of non-group employer who has lodged a final return This section applies if— an employer is not a group member on 30 June in a financial year; and under section 64 (2) , the employer lodged, or was required to lodge, a final return for a final period during the year, and the employer was not a group member during the final period; and the original assessment of the employer’s annual liability for the year— was not made by the commissioner; and was made as required under section 30 (2) ; and the employer’s annual liability for the year worked out as required under section 30 (2) is greater than it would be if the final return wages and final return liability for a final period mentioned in paragraph (b) were included for working out the liability. Despite section 30 (2) , the commissioner must make a reassessment of the employer’s annual liability for the year to include the final return wages and final return liability mentioned in subsection (1) (d) for working out the liability. If the commissioner includes final return wages and final return liability under subsection (2) for working out the employer’s annual liability, the employer’s annual deduction for the financial year must be worked out having regard to the days in a final period mentioned in subsection (1) (b) . In this section— final return liability means the employer’s periodic liability amount for a final period mentioned in subsection (1) (b) . final return wages means taxable wages paid or payable by the employer for a final period mentioned in subsection (1) (b) . s 78 amd 1976 No. 77 s 9 sub 2004 No. 46 s 27 amd 2022 No. 30 s 51 (sec.78-ssec.1) This section applies if— an employer is not a group member on 30 June in a financial year; and under section 64 (2) , the employer lodged, or was required to lodge, a final return for a final period during the year, and the employer was not a group member during the final period; and the original assessment of the employer’s annual liability for the year— was not made by the commissioner; and was made as required under section 30 (2) ; and the employer’s annual liability for the year worked out as required under section 30 (2) is greater than it would be if the final return wages and final return liability for a final period mentioned in paragraph (b) were included for working out the liability. (sec.78-ssec.2) Despite section 30 (2) , the commissioner must make a reassessment of the employer’s annual liability for the year to include the final return wages and final return liability mentioned in subsection (1) (d) for working out the liability. (sec.78-ssec.3) If the commissioner includes final return wages and final return liability under subsection (2) for working out the employer’s annual liability, the employer’s annual deduction for the financial year must be worked out having regard to the days in a final period mentioned in subsection (1) (b) . (sec.78-ssec.4) In this section— final return liability means the employer’s periodic liability amount for a final period mentioned in subsection (1) (b) . final return wages means taxable wages paid or payable by the employer for a final period mentioned in subsection (1) (b) . - (a) an employer is not a group member on 30 June in a financial year; and - (b) under section 64 (2) , the employer lodged, or was required to lodge, a final return for a final period during the year, and the employer was not a group member during the final period; and - (c) the original assessment of the employer’s annual liability for the year— (i) was not made by the commissioner; and (ii) was made as required under section 30 (2) ; and - (i) was not made by the commissioner; and - (ii) was made as required under section 30 (2) ; and - (d) the employer’s annual liability for the year worked out as required under section 30 (2) is greater than it would be if the final return wages and final return liability for a final period mentioned in paragraph (b) were included for working out the liability. - (i) was not made by the commissioner; and - (ii) was made as required under section 30 (2) ; and