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ARTICLE · 06 MARCH 2011

Payroll Tax - Queensland OSR issues draft ruling…

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Queensland payroll tax, Queensland’s legislation, harsher payroll tax rules,

AustraliaTax

But be careful because it only tells half the story.

The Queensland payroll tax legislation was amended from 1 July 2008. The purpose was to harmonise Queensland's legislation with other states. However, the effect was that Queensland adopted some of the harsher payroll tax rules already existing in New South Wales and Victoria. 

The views of the Queensland Office of State Revenue as to whether a worker is an employee or independent contractor are set out in the new draft public ruling PTA 038.1D. ( http://www.osr.qld.gov.au/legislation-rulings/public-rulings/draft-rulings/draft-pr-pta038-1.pdf).

The draft ruling summarises the case law and provides a list of factors for determining whether an employment relationship exists.

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