9Surcharge payable only on part of certain termination payments

#### 9 Surcharge payable only on part of certain termination payments (1) This section applies if a termination payment has been or is made to or for a taxpayer after 20 August 1996. (2) In the case of a termination payment made at or before 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001, surcharge is payable only on the part of the termination payment that is worked out using the formula:  (3) In the case of a termination payment made after 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001, surcharge is payable only on the part of the termination payment that is worked out using the formula:  (4) For the purposes of this section: > excessive component means the part (if any) of the termination payment that the Commissioner has determined under section 140R of the Income Tax Assessment Act to be in excess of the RBLs of the taxpayer. > post‑20 August 1996 period means the number of days in the period of the taxpayer’s employment for which the termination payment was made that occurred after 20 August 1996. > total period means the number of days in the period of the taxpayer’s employment for which the termination payment was made.