2022-23 Guide to Legislation - Payroll Tax

Payroll tax is a state tax calculated on wages paid or payable and applies in all states and territories. It is collected and administered in accordance with the Payroll Tax Act 2009 and Taxation Administration Act 1996.

This Guide to Legislation provides a general guide for employers of their South Australian payroll tax responsibilities under the Payroll Tax Act 2009 but it does not constitute a Revenue Ruling.

This document should not be read in isolation to the legislation and does not in any way override the Payroll Tax Act 2009.

If any uncertainty exists with a particular aspect of the information provided, please seek clarification from RevenueSA. The information provided in this Guide is correct at the time of publication.

I hope you find this Guide to be helpful and I welcome any comments or suggestions that would help RevenueSA to improve it.

For further details on any matters relating to the Acts mentioned in this Guide, please feel free to contact RevenueSA on (08) 8226 3750 (select option 5).

Commissioner of State Taxation

What is payroll tax?

Introduction

Payroll tax is a state tax that is calculated on wages paid or payable. Payroll tax is payable when an employer’s (or group of employers’) total Australia wide taxable wages exceeds the South Australian threshold. An employer’s Australia wide taxable wages comprise its South Australian wages and all interstate wages. In South Australia, payroll tax is collected and administered in accordance with the Payroll Tax Act 2009. The Payroll Tax Act 2009 must be read in conjunction with the provisions of the Taxation Administration Act 1996. The administrative provisions relating to assessments, reassessments, refunds, interest, penalty tax, objections, appeals and investigative powers are incorporated in the Taxation Administration Act 1996. South Australian taxable wages are the wages liable to tax under the Payroll Tax Act 2009. Interstate wages are taxable wages in another jurisdiction under that jurisdiction’s legislation. Generally, employers are required to self-determine their liability on a monthly basis by calculating the actual tax payable for each return period and remit the tax due when the return is lodged. Employers are then required to perform an annual reconciliation at the end of the financial year to ensure the correct liability is paid. RevenueSA in conjunction with other jurisdictions have sought legislative harmony across a number of areas within the Payroll Tax Act 2009. Payroll tax forms part of the general revenue of the State and is applied towards financing the costs of the government including the provision of health services, education, police, community welfare services and other services for which no direct charges are made.

Revenue Rulings

RevenueSA publishes Revenue Rulings designed to help employers meet their obligations under the Payroll Tax Act 2009 and provide RevenueSA with an effective way of communicating decisions on the interpretation of legislation. A significant number of payroll tax Revenue Rulings have been developed covering a wide range of topics. In addition to legislative harmony, South Australia and its counterparts are committed to greater administrative consistency. As a result, South Australia have harmonised a number of their Revenue Rulings with those of other Australian jurisdictions.

RevenueSA Online

RevenueSA Online is an Internet based system that allows an easy, flexible and more effective way for you to do business with RevenueSA. RevenueSA Online facilitates the lodgement and payment of monthly returns and the annual reconciliation return. All payroll tax returns must be lodged via RevenueSA Online. More details on the functions provided through RevenueSA Online can be found on our RevenueSA Online page.

Resetting your RevenueSA Online password

If the password associated with a RevenueSA Online login is forgotten, it can be reset automatically through RevenueSA Online. This can be done by clicking the forgot your password? link on the RevenueSA Online login page. An email will be sent to you with a link to change your password. If you experience any problems accessing RevenueSA Online with the new password please contact our RevenueSA Online team on (08) 8226 3750, select option 3.

Basis of tax

Who must register for payroll tax?

Employers with Australia wide taxable wages of $1.5 million or more are required to be registered in South Australia. Employers who pay wages in South Australia must register for payroll tax if their Australian weekly taxable wages exceed $28,846. For simple administration, it is recommended that employers register if during any one month, their total Australia wide taxable wages exceed the monthly threshold of $125,000. If the employer is a member of a group, the total Australia wide taxable wages paid or payable by all members of the group determines whether the employer should register for payroll tax. Registrations are completed online and can be accessed from the payroll tax menu on the payroll tax page. Employers must pay tax by the seventh (7th) day of the month following the month in which their wages exceeded the threshold. Interest and penalty tax may be payable on any unpaid tax if an employer who is liable for payroll tax fails to register. See the grouping of employers section for more details.

Cancelling of registration of an employer

Employers may cancel before the annual reconciliation return period only if they cease to employ in South Australia. Employers who cease employing in South Australia before 30 June, should complete the online Request to cancel South Australian payroll tax registration form. Details explaining how to enter the cancellation and complete the reconciliation can be accessed from the payroll tax menu on the payroll tax page. If you require further assistance please email payrolltax@sa.gov.au

Exempt employers

Wages must be paid to a person engaged exclusively for work of a kind ordinarily performed in connection with the charitable, religious or benevolent purpose of the organisation. People engaged directly in the primary work or in administrative or management work which is predominately associated with the organisation’s charitable or similar work are accepted as being exclusively engaged in that work.

What is a charity?

To be recognised as a charity, an organisation must be non-profit, for the public benefit, and be for the:

What is a public benevolent institution?

To be classed as a public benevolent institution, an organisation must be non-profit and set up, usually in perpetuity, for the:

The institution must provide services without discrimination to every member of that section of the public for which the institution was created according to its constitutional documents.

Other exempt employers