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25 July 2024

Hi,


I have a question about whether the tax-free limit for redundancy pay can cover the payment in lieu of notice.


As an example, we need to pay one staff the below parts for his redundancy:


  • 4 weeks' payment in lieu of notice (this is also applicable under other circumstances e.g. dismissal)
  • 4 weeks' redundancy pay (under the tax-free cap)
  • Unused annual leave

Should we report the whole payment in lieu of notice as ETP-Type R as it's not part of the tax-free redundancy pay? My understanding is if it's not provided just for redundancy, then it shouldn't become part of the tax-free redundancy pay.


Thanks.

Emma

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1,493 views
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PayrollDeanne(Taxicorn)Taxicorn
25 July 2024

Hiya @Emma94 👋


Unused annual leave is not part of a redundancy, it's unused leave on termination.


On the issue of PILON in redundancy, see my response to this similar post.


Deanne

25 July 2024

Hi Deanne,


Thank you very much.


If the PILON is ETP-R, is it allowed to be salary sacrificed into Super?


I found a post saying: "For payment in lieu of notice, these can be sacrificed so long as agreement is made before the in lieu time commences. "


However the ATO website: Link says "You can't roll over your ETP to your superannuation."


Could you please help clarify?


Kind Regards

Emma



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Is payment in lieu notice part of the tax-free redundancy pay or ETP-Type R? | ATO Community