Payroll Tax Act 2011
84Adjustment of payroll tax if employer changes
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84 Adjustment of payroll tax if employer changes circumstances (1) This section applies if an employer’s circumstances change in a (2) The employer must, if the amount of payroll tax paid or payable by the employer when the employer lodges returns for the relevant period before the change of circumstances is less than the correct amount of payroll tax payable by the employer for the financial year, pay to the commissioner as payroll tax an amount equal to the difference. (3) A change of circumstances happens if the employer— (a) ceases to pay or be liable to pay taxable wages and interstate wages; or (b) becomes a group employer following a period as an individual employer; or (c) ceases to be a group employer and becomes an individual (4) The relevant period before a change of circumstances is the period before the change (in the financial year and after any earlier change of circumstances) for which the employer paid or was liable to pay taxable wages or interstate wages. (5) In working out for this section the correct amount of payroll tax payable by the employer, the wages paid or payable by the employer in the relevant period are taken to be the only wages paid or payable by the employer in the financial year.
Adjustments of tax Part 6 (6) Any amount payable by an employer under this section for a relevant period must be paid within the period in which the employer is required to lodge a return under this Act for the relevant period or the last return under this Act for the relevant period. (7) Any payroll tax paid or payable by an employer under this section must be included as payroll tax paid or payable by the employer for the purpose of the annual adjustment of payroll tax under this part. If an employer ceases to be a group employer in a financial year an adjustment will be made under this section. If later in that financial year the employer ceases to pay wages there will be a further adjustment under this section. The first adjustment will adjust payroll tax paid for the period as a group employer against the correct amount of tax that should have been paid (based on the assumption that the period as a group employer is the only period for which the employer paid wages throughout the year). The second adjustment will adjust payroll tax paid for the period as an individual employer against the correct amount of tax that should have been paid (based on the assumption that the period as an individual employer is the only period for which the employer paid wages throughout the year). Any amount of payroll tax paid under this section is taken into account for the purpose of the annual adjustment of payroll tax.