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PAYROLL TAX ACT 2007 (NO. 26 OF 2007) - SECT 26

Place where wages are payable

    (1)     The wages constituted by the grant of the share or option are taken to be paid or payable in this jurisdiction if the share is a share in a local company or, in the case of an option, an option to acquire shares in a local company.

    (2)     In any other case, the wages constituted by the grant of the share or option are taken to be paid or payable outside this jurisdiction.

Note

If the wages concerned are taken to be payable outside this jurisdiction, because the shares concerned are shares in a company that is not a local company, the grant of the share or option may still be liable to payroll tax under this Act if the grant is made for services performed or rendered wholly or mainly in this jurisdiction (see section 10(1)(b) and (c)).

    (3)     In this section—

"local company" means—

        (a)     a company incorporated or taken to be incorporated under the Corporations Act that is taken to be registered in this jurisdiction for the purposes of that Act; or

        (b)     any other body corporate that is incorporated under an Act of this jurisdiction.



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