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18 Jan 2022

Our organisation is seeking advice on Unused Annual Leave when an employee resigns.

The payroll category for this is set-up as a Wages Item in MYOB AR.

The ATO Reporting Category was set-up as Gross Payments when it was identified that Lump Sum A – Termination is incorrect for employees who have resigned and have a balance of unused annual leave to be paid out as a part of their final pay.

Despite making the above change to the ATO Reporting Category MYOB tax calculations for employees who have resigned and are required to be paid for their Unused Annual Leave are higher than the Marginal Tax Rate for Ordinary Taxable Earnings (OTE).

Our last 3 employees have PAYG Withholding deductions calculated at the rates of 39, 43 and 45% of their gross wage payments.

Transactions entered into the Unused Annual Leave category also are not included as gross payments for superannuation guarantee calculations.

Refer page 55:-https://www.ato.gov.au/Business/Super-for-employers/Paying-super-contributions/How-much-super-to-pay/List-of-payments-that-are-ordinary-time-earnings/Superannuation-on-annual-leave-loading/

"Generally, you include annual leave loading in OTE because it's related to annual

leave. "

Can you please advise me if we will need to correct the MYOB AR calculations for PAYG Tax and Superannuation Guarantee payments to be the equivalent of the value the employee would have been paid had they taken the leave.

 

Thank you kindly, if you can help in this regard,

 

Rose Alexander

Business Administrator

3,829 views
1 replies
3,829 views
1 replies

Most helpful response

Most helpful replyATO Certified Response

BlakeATO(Community Support)Community Support
ATO Certified Response19 Jan 2022

Hi @thewomenscentre


The page you've referenced is about employees taking their annual leave while employed. It doesn't apply for annual leave paid out on termination. All annual leave paid out on termination is not an ordinary time earning, and therefore is not superable. Generally, annual leave paid out on termination doesn't have leave loading applied. Double check the award or agreement the employees are paid under.


It sounds like your software is working out the withholding based on just adding the payment to their normal salary and wages for that pay-run. It should use the marginal rate spread out as though it's paid evenly across the full year. You won't need to retroactively change this for the already paid employees (though you can if you want). But you will need to speak to your software provider to see how to correct the reporting in the future.


You can read about what is an ordinary time earning and see the calculation for the tax table for unused leave on termination on our website.

All replies

Most helpful replyATO Certified Response

BlakeATO(Community Support)Community Support
ATO Certified Response19 Jan 2022

Hi @thewomenscentre


The page you've referenced is about employees taking their annual leave while employed. It doesn't apply for annual leave paid out on termination. All annual leave paid out on termination is not an ordinary time earning, and therefore is not superable. Generally, annual leave paid out on termination doesn't have leave loading applied. Double check the award or agreement the employees are paid under.


It sounds like your software is working out the withholding based on just adding the payment to their normal salary and wages for that pay-run. It should use the marginal rate spread out as though it's paid evenly across the full year. You won't need to retroactively change this for the already paid employees (though you can if you want). But you will need to speak to your software provider to see how to correct the reporting in the future.


You can read about what is an ordinary time earning and see the calculation for the tax table for unused leave on termination on our website.

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Unused Annual Leave on employee resignation | ATO Community