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INCOME TAX ASSESSMENT ACT 1997 - SECT 83.95

How to work out amount of payment attributable to each period

  (1)   Work out how much of an * unused long service leave payment is attributable to a period as follows:

  (a)   for the * pre - 18/8/93 period or to the * post - 17/8/93 period--use the formula in subsection   (2);

  (b)   for the * pre - 16/8/78 period--subtract the sum of the amounts (if any) worked out for paragraph   (a) for the other 2 periods from the total amount of the payment.

  (2)   For the * pre - 18/8/93 period or the * post - 17/8/93 period, the formula is:

Start formula Amount of payment times start fraction Unused long service leave days in the relevant period over Total unused long service leave days end fraction end formula

where:

"total unused long service leave days" means the total number of unused days of long service leave in the * long service leave employment period for the payment.

"unused long service leave days in the relevant period" means the number of unused days of long service leave in the * pre - 18/8/93 period or the * post - 17/8/93 period (as applicable), worked out under section   83 - 100.

Note 1:   For the meaning of unused days of long service leave , see section   83 - 100.

Note 2:   Section   83 - 110 explains how to work out the period of unused long service leave if your employment was partly full - time and partly part - time during the period.


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