LAW UNSW : University of New South Wales, Faculty of Law - Sydney Australia





 


 
Taxation of Employee Remuneration  - ATAX0425 



Overview

Recommended Prior Knowledge

None


Units of Credit: 6


Description

This course examines the treatment of employee remuneration in the Australian taxation system. We start by examining the employer/employee relationship, contrasting it with the principal/independent contractor relationship. This distinction is central to understanding our tax laws. Tax collection obligations imposed on employers, including under PAYG and the pay-roll tax system, are considered in detail. Employers' obligations and employees' rights under the superannuation guarantee system are examined, as are tax concessions for contributions and the taxation of payments made on termination of employment (eg, arising from redundancy, unfair dismissal or death). The course examines the treatment of personal services income when it is derived through an interposed entity, and the tax consequences of salary sacrifice arrangements and salary packaging. Finally, we look at the Tax Office's response to arrangements aimed at avoiding tax on payments for services performed.



Objectives

On completion of this course, students should be able to:
  • Distinguish, in broad outline, between an employee and an independent contractor, and explain the importance of the distinction
  • Explain and evaluate the rationale and workings of the PAYG system and the pay-roll tax system
  • Detail the major operational features of the fringe benefits tax and its consequences for employers and employees
  • Describe the operation of and rationale for tax concessions for employers and employees when they make superannuation contributions
  • Explain the superannuation guarantee obligations imposed on employers and the implications for employees
  • Distinguish the various types of payments that may be made on termination of employment and the tax treatment of those payments
  • Explain various 'salary packaging' devices and anti-avoidance provisions aimed at preventing the minimising of tax through, for example, the interposition of entities between the provider and recipient of services



Main Topics

  • Fundamentals
  • Tax collection
  • Fringe Benefits Tax
  • Superannuation and the workplace
  • Termination payments
  • Remuneration planning






Class Timetable

Online Handbook

Academic Calendar



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