27Definitions—div 3.5

27 Definitions—div 3.5 employment termination payment means— (a) an employment termination payment under the ITAA, section 82-130 (What is an employment termination payment?); or (b) a payment that would be an employment termination payment under the ITAA, section 82-130 but for the fact that it was received later than 12 months after the termination of a person’s employment; or (c) a transitional termination payment under the Income Tax (Transitional Provisions) Act 1997 (Cwlth), section 82-10 (Pre- 10 May 2006 entitlements—transitional termination payments). relevant contract—see section 32 (Meaning of relevant contract— div 3.7). termination payment means— (a) a payment made because of the retirement from, or termination of, an office or employment of an employee, being— (i) an unused annual leave payment; or (ii) an unused long service leave payment; or

(iii) so much of an employment termination payment paid or payable by an employer, whether or not paid to the employee or to another entity, that would be included in the assessable income of an employee under the ITAA, part 2-40 (Rules affecting employees and other taxpayers receiving PAYG withholding payments) if all of the employment termination payment had been paid to the employee; or (b) an amount paid or payable by a company because of the termination of the services or office of a director of the company, whether or not paid to the director or to another entity, that would be an employment termination payment if that amount had been paid or payable because of termination of employment; or (c) an amount paid or payable by a person who is an employer under a relevant contract because of the termination of the supply of the services of an employee under the contract, whether or not paid to the employee or to anyone else, if the amount would be an employment termination payment if that amount had been paid or payable because of termination of employment. unused annual leave payment—see the ITAA, section 83-10 (Unused annual leave payment is assessable). unused long service leave payment—see the ITAA, section 83-75 (Meaning of unused long service leave payment).