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Hp123(Newbie)Newbie
22 Feb 2025

Hello

I am an employee who works away from home on a 10 day on 4 off roster.


I'm wanting to know how it is worked out for what salary bracket we are to pay from.

In the document is says worked out from your salary, which I believe is OTE and overtime.But my employer told us it is worked off or base salary and not including overtime.

Trying to find clear info is hard but if overtime is included in the salary definition it would but us in the next bracket

Clarity from someone who knows how it works would be awesome.

Thanks in advance

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181 views
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PayrollDeanne(Taxicorn)Taxicorn
23 Feb 2025

@Hp123, you keep mentioning OTE and Salary and Wages. That is about superannuation guarantee, not PAYG withholding.


Those rules are very different from the rules for PAYG Withholding. The term "salary and wages" is used in many ways, to mean different things, depending on the context.


Paragraph 12 is about defining the brackets for the rates. It clarifies salary excluding allowances. It doesn’t list all of the explicit things that aren't included. I already answered that overtime is definitely not a consideration for the "salary" brackets for travel allowances. Definitely not!


Consistency and equity is important in payments to employees. You have identified different treatment across different teams.


You can see the ATO guidance about PAYG withholding treatment for travel allowances and I've explained that if an employer pays higher than the reasonable rates determined by the ATO, the amount that exceeds the reasonable rate is taxed and the entire amount must be reported as income by the employer in STP. Employees would have to claim deductions in their tax return for their business travel expenses. If your employer is not following the ATO requirements for tax, super and reporting, ATO has a process you can follow.


I've also explained that the ATO sets requirements for how to treat a payment for tax, super and reporting. It doesn’t determine how much to pay. Does your employer have a travel policy that sets out the details about how much they pay? Are the payments processed by the same payroll team? How do they explain the discrepancy?


Deanne

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PayrollDeanne(Taxicorn)Taxicorn
22 Feb 2025

Hiya @Hp123 👋


Your employer is correct about the ATO reasonable rates for tax purposes. Each year, the ATO publishes a Tax Determination that sets out the rules and rates that they deem are "reasonable" and therefore the PAYG withholding is reduced to nil and are not included on the Income Statement.


The ATO doesn't advise employers what they must pay, however, only how much won't be taxed or reported. That said, if the employer paid more, they'd have to separate out all the taxable/no tax rates and report the entire amounts on the Income Statements. 🫣


Refer to TD 2024/3 that explains in paragraph 12 the brackets: "Salary excludes any allowances received."


It is referring to base salary, not allowances and certainly not overtime 😉


Deanne

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