Answer
Understanding the nuances of salary sacrificing termination payments can be complex. Here, we aim to clarify what is possible under Australian tax law.
What is Salary Sacrifice?
Salary sacrifice is an arrangement where an employee agrees to forego part of their future entitlement to salary or wages in exchange for benefits of a similar value. This can include superannuation contributions, car leases, or other non-cash benefits.
Termination Payments and Salary Sacrifice
When it comes to termination payments, the rules are specific. Salary sacrificing termination payments, including redundancy pay and Employment Termination Payments (ETPs), is generally not allowed. This is because redundancy pay and ETPs are not considered 'salary and wages' for the purpose of salary sacrificing.
Unused Leave on Termination
For unused leave on termination, it is possible to salary sacrifice this portion of termination pay under certain conditions. If an employee had previously established a salary sacrifice arrangement for their unused leave, they could potentially sacrifice the leave accrued after the arrangement was in place. However, very few employees may be aware or take advantage of this ahead of time.
ETPs and Redundancy Payments
ETPs cannot be rolled over into superannuation and do not qualify for salary sacrifice. Similarly, redundancy payments are not eligible for salary sacrifice arrangements.
Conclusion
While there are opportunities for salary sacrificing within employment, termination payments have strict guidelines by the ATO. It's important for both employers and employees to be aware of these rules to ensure compliance with Australian tax laws.
For more detailed information, refer to the ATO's resource on salary sacrifice.
For even further insights, explore the ATO community discussion on salary sacrificing termination payments.