3AA   Wages

(1)  In this Act, wages means (subject to this section) any wages, salary, commission, bonuses or allowances paid or payable (whether at piece work rates or otherwise and whether paid or payable in cash or in kind) to an employee as such.

(2)  Wages includes:

(a)  any amount paid or payable by way of remuneration to a person holding office under the Crown in right of the State of New South Wales or in the service of the Crown in right of the State of New South Wales, and

(b)  any amount paid or payable under any prescribed classes of contracts to the extent to which the payment is attributable to labour, and

(c)  any amount paid or payable by a company by way of remuneration to a director or member of the governing body of the company, and

(d)  any amount paid or payable by way of commission to an insurance or time-payment canvasser or collector, and

(e)  any amount deemed by or under a provision of this Act to be wages.

(2A)  Wages includes the grant of any share or option that constitutes wages under section 3AD or 3AF.

(3)  Wages includes fringe benefits, but does not include an exempt benefit for the purposes of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth unless that exempt benefit constitutes wages under section 3AG (Inclusion of redundancy and long service contributions as wages).

(4)  Wages includes any distribution to a person as beneficiary under a trust that is required to be included as wages by section 3AC.

(5)  Wages includes a payment made in consequence of the retirement from, or termination of, any office or employment of an employee, being:

(a)  a lump sum payment paid before or after that retirement or termination in respect of unused annual leave, or unused annual leave and a bonus, loading or other additional payment relating to that leave, or

(b)  an amount paid in respect of unused long service leave, or

(c)  an amount paid in respect of unused sick leave.

(6)  Wages includes any contribution to a redundancy benefit scheme or to a portable long service leave fund that constitutes wages under section 3AG.

(6A)  Wages includes a superannuation benefit, other than one paid or payable in respect of services rendered by an employee before 1 July 1996.

(6B)  Wages includes so much of any eligible termination payment (within the meaning of section 27A of the Income Tax Assessment Act 1936 of the Commonwealth) paid or payable by an employer, whether or not paid to the employee or to any other person or body, that would be included in the assessable income of an employee under Subdivision AA of Division 2 of Part III of that Act if the whole of the eligible termination payment had been paid to the employee.

(6BA)  Wages includes an amount paid or payable by a company as a consequence of the termination of the services or office of a director or member of the governing body of the company, whether or not paid to the director or member or to any other person or body, that would be an eligible termination payment (within the meaning of section 27A of the Income Tax Assessment Act 1936 of the Commonwealth) if the amount had been paid or payable as a consequence of termination of employment.

(6BB)  Wages include an amount paid or payable by a person who is an employer under a relevant contract (within the meaning of section 3A) as a consequence of the termination of the supply of the services of an employee under the contract, whether or not paid to the employee or to any other person, if the amount would be an eligible termination payment (within the meaning of section 27A of the Income Tax Assessment Act 1936 of the Commonwealth) if the amount had been paid or payable as a consequence of termination of employment.

(6C)  Wages referred to in subsection (6B), (6BA) or (6BB) that are not paid in respect of services performed or rendered by an employee in a particular month are liable to pay-roll tax under this Act as if they were paid or payable in respect of services performed or rendered during the month in which they were paid or became payable.

(7)  (Repealed)

(8)  Wages does not include anything that is prescribed by the regulations not to be wages for the purposes of this section.

(9)  In this section:

annual leave has the same meaning as in section 26AC of the Income Tax Assessment Act 1936 of the Commonwealth.

long service leave has the same meaning as in section 26AD of the Income Tax Assessment Act 1936 of the Commonwealth.

(9A)  A reference in this section to a director or member of the governing body of a company includes a reference to a former director or former member of the governing body of a company.

(10)  Money paid or payable that constitutes or is taken to be wages by virtue of more than one provision of this Act is taxable once only.