Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:2_3:p1
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 1/2)
Character Range: 297118–299925

3                                    *post‑17/8/93 period                                100%

 (2) The remainder of that part (if any) of an *unused long service leave payment that is attributable to the *pre‑16/8/78 period is not assessable income and is not *exempt income.

Note 1: If your employment was wholly full‑time or wholly part‑time during a period, see sections 83‑95, 83‑100 and 83‑105 to work out the amount of an unused long service leave payment that is attributable to the period.

Note 2: If your employment was partly full‑time and partly part‑time during a period, see section 83‑110 to work out the amount of an unused long service leave payment that is attributable to the period.

83‑85  Entitlement to tax offset

 (1) You are entitled to a *tax offset on an *unused long service leave payment that ensures that the rate of income tax on the amount of the payment mentioned in subsection (2) does not exceed 30%.

 (2) The amount is the part of the *unused long service leave payment included in your assessable income under subsection 83‑80(1):
 (a) to the extent that it is attributable to the *pre‑18/8/93 period; and
 (b) to the extent that it is attributable to the *post‑17/8/93 period, if the payment was made in connection with a payment that includes, or consists of, any of the following:
 (i) a *genuine redundancy payment; or
 (ii) an *early retirement scheme payment; or
 (iii) an *invalidity segment of an *employment termination payment or a *superannuation benefit.

83‑90  Meaning of pre‑16/8/78 period, pre‑18/8/93 period, post‑17/8/93 period and long service leave employment period

 (1) The pre‑16/8/78 period consists of each day (if any) in your *long service leave employment period that occurred before 16 August 1978.

 (2) The pre‑18/8/93 period consists of each day (if any) in your *long service leave employment period to which the payment relates that occurred after 15 August 1978 and before 18 August 1993.

 (3) The post‑17/8/93 period consists of each day (if any) in your *long service leave employment period to which the payment relates that occurred after 17 August 1993.

 (4) Your long service leave employment period, for a period of long service leave, is:
 (a) the period of employment to which the long service leave relates; or
 (b) if your entitlement to long service leave changes so that it accrues over a shorter period—the period that would apply under paragraph (a) assuming the change had not happened.

Employment wholly full‑time or wholly part‑time

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);