Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 82.125

What this Subdivision is about

This Subdivision defines an employment termination payment as a payment made in consequence of the termination of a person's employment that is received no later than 12 months after the termination (though the 12 month restriction is relaxed in some circumstances).

An employment termination payment can be a life benefit termination payment (received by the person whose employment is terminated) or a death benefit termination payment (received by another person after the death of a person whose employment is terminated).

Certain types of payments are declared not to be employment termination payments.

Various other terms used in describing the taxation treatment of employment termination payments are defined in the Subdivision.

Table of sections

Operative provisions

82 - 130   What is an employment termination payment ?

82 - 135   Payments that are not employment termination payments

82 - 140   Tax free component of an employment termination payment

82 - 145   Taxable component of an employment termination payment

82 - 150   What is an invalidity segment of an employment termination payment?

82 - 155   What is a pre - July 83 segment of an employment termination payment?

82 - 160   What is the ETP cap amount ?



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