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Taxes, duties, levies and royalties
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In this section
  1. Register for payroll tax
  2. Lodge your return
  3. Pay your payroll tax
  4. Rates and thresholds
  5. Wages
  6. Contractors
  7. Grouping
  8. Rebates and exemptions
  9. Your business
  10. Your industry
  11. Tax agents and advisors
  12. Help getting it right

Tax agents and advisors

Payroll tax is a state tax. It is assessed on the wages paid or payable to employees by an employer (or group of employers) whose total Australian taxable wages exceed the threshold amount. Each state and territory has its own payroll tax legislation, with different rates and thresholds.

As an agent or advisor (accountant, solicitor, tax agent, lawyer, payroll processor, legal and tax professional), you’re responsible for making sure your clients meet their payroll tax obligations.

Customer registration

Your clients, who pay wages in NSW, must register for payroll tax if their total Australian wages exceed the relevant monthly threshold.

You should monitor their wage levels to make sure they’re registered for payroll tax within seven days after the month they exceed the threshold.

Payroll tax awareness program

We run a series of payroll tax awareness programs so you can help your client meet their obligations. The programs highlight common errors and provide information on our online resources.

Compliance activity

Our compliance program ensures the integrity and fairness of the tax and benefit systems by:

  • educating and encouraging your clients to comply, and
  • detecting and deterring non-compliance.

We work closely with the Australian Tax Office (ATO) and other government agencies to share information and data. Last year we identified a payroll tax shortfall in eight out of 10 audits conducted.

Contractors

Payments to contractors are liable for payroll tax unless one of these seven exemptions applies.

  1. Services provided for 90 days or less in a financial year
  2. Services required for 180 days or less in a financial year
  3. Services performed by two or more people
  4. Services ancillary to the supply of goods
  5. Services not ordinarily required by your client’s business
  6. Services provided to the public generally (as approved by the Commissioner)
  7. Services provided by an owner-driver.

If your client wants to claim one of the seven exemptions, you must show sufficient documentation. For help on what records you should keep read, Commissioner’s Practice Note CPN 007.

Grouping

Your clients may be grouped with other businesses for payroll tax under the following structures:

  • related corporations
  • common employees
  • common control
  • tracing of interests
  • subsuming.

Where a group exists:

  • the threshold entitlement is based on the proportion of NSW wages against total Australian wages
  • a single threshold deduction applies to the group
  • every member of the group is liable for any outstanding payroll tax of other group members.

If a payroll tax group exists, your client can:

  • appoint a Designated Group Employer (DGE) for one group member with the other group members being Non-Threshold Claiming (NTC) members. The DGE is the only member which can claim the payroll tax threshold, or
  • appoint one member to be the single lodger of the group who lodges on behalf of all group members.

If your client needs to appoint a DGE or single lodger, complete the appropriate application form:

  • Designated Group Employer (DGE) to claim threshold entitlement form
  • Group Single Lodger application form.

Shares and options

Shares and options granted to an employee are classed as wages.

To determine whether your client is liable for shares and options, you should understand these rules:

  • what constitutes a relevant day
  • calculating taxable wages, and
  • dividend equivalents.

Employment agencies

If your client is an employment agent, they are liable for payroll tax on wages they pay to workers. The relevant contractor provisions are not applicable where a worker is provided under an employment agency contract.

For more information to help decide on whether particular arrangements constitute an employment agency contract, read Commissioner’s Practice Note CNP 005.

Industries

We work closely with industries to assist them with their up-front compliance. Our industry experts have identified common errors in these industries:

  • cleaning
  • meat processing
  • real estate
  • hire cars
  • security.

If you find an error

If a client fails to include all liable amounts in their monthly payroll tax returns for the current financial year, you should make sure they include them in their annual reconciliation return, due 28 July.

If you find any of your clients have failed to include all liable amounts in their payroll tax returns for previous financial years, contact us to make a voluntary disclosure. Voluntary disclosures attract a lower penalty compared to cases where we identify the problem.

Assistance for agents and advisors

We have information and tools to help you and your clients understand your obligations and to comply with payroll tax. We offer:

  • tax update seminars and webinars
  • online services to register, calculate, lodge and pay
  • dedicated payroll tax customer account advisors to help new customers during their first year of registration
  • a free subscription service where you can register to receive email alerts about our latest changes
  • telephone support.

Payroll tax assist

Payroll tax assist can help you work out if your clients are meeting their payroll obligations. By answering a series of questions you’ll be able to check whether they’re lodging and paying payroll tax returns correctly.

More information

Legislation, rulings and case summaries

Revenue NSW administers the Payroll Tax Act 2007 and the Taxation Administration Act 1996.

Copies of rulings and case summaries can be found in our resource library.

Common errors

Take a look at the most common errors businesses make when calculating payroll tax, and case studies to assist in your client lodgement.

Contact us

If you have a question about payroll tax and cannot find the answer on this website, contact us.

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