Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-40 - RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS  

Division 83 - Other payments on termination of employment  

Subdivision 83-B - Unused long service leave payments  

General

SECTION 83-80   Taxation of unused long service leave payments  

Assessable and tax-free parts of unused long service leave payments

83-80(1)    
If you receive an *unused long service leave payment, your assessable income includes the part of the payment shown in this table:

* Unused long service leave payments
Item	To the extent the payment is attributable to the …	Your assessable income includes this part of it …
1	* pre-16/8/78 period	5 %
2	* pre-18/8/93 period	100 %
3	* post-17/8/93 period	100 %

83-80(2)    
The remainder of that part (if any) of an *unused long service leave payment that is attributable to the *pre-16/8/78 period is not assessable income and is not *exempt income.

Note 1:

If your employment was wholly full-time or wholly part-time during a period, see sections 83-95 , 83-100 and 83-105 to work out the amount of an unused long service leave payment that is attributable to the period.

Note 2:

If your employment was partly full-time and partly part-time during a period, see section 83-110 to work out the amount of an unused long service leave payment that is attributable to the period.