QLD Payroll Tax

Contents

  • Understanding QLD payroll tax
  • QLD payroll tax rate
  • Mental health levy
  • Exemptions and deductions
  • Registration and reporting
  • Key dates and deadlines
  • Audits and penalties
  • Payroll tax grouping
  • Payroll tax harmonization

Understanding QLD payroll tax

QLD payroll tax is a state-based tax imposed on employers in QLD for the wages they pay to their employees. It is not a federal tax. Each state and territory in Australia has its legislation governing payroll tax. This means that the specifics of payroll tax can differ between states. The legislation governing QLD payroll tax is the Payroll Tax Act 1971.

In simple terms, payroll tax is a percentage of the total wages paid by employers to their employees.

In Queensland, payroll tax applies to businesses with an annual taxable wage bill above a threshold set by the state government. The threshold is currently $1.3 million per annum.

  • The applicability of QLD payroll tax is based on a business’s annual taxable wage bill.
  • If a business’s annual taxable wages exceed this threshold, it must pay payroll tax in QLD.
  • Businesses must assess their annual wage bill to determine if they meet the threshold and are subject to payroll tax.
  • Businesses under the threshold are not required to pay payroll tax in QLD.

QLD payroll tax rate

The QLD payroll tax rate is:

  • 4.75% for employers or groups of employers who pay $6.5 million or less in Australian taxable wages
  • 4.95% for employers or groups of employers who pay more than $6.5 million in Australian taxable wages.

To calculate the amount of payroll tax you owe, you need to determine your annual taxable wages and apply the tax rate. However, it’s important to note that there are certain exemptions and deductions available that can reduce your taxable wages.

Mental health levy

From 1 January 2023, a mental health levy was introduced to fund mental health and associated services. The levy applies to:

  • employers and groups of employers who pay more than $10 million in annual Australian taxable wages
  • annual Queensland taxable wages.

The mental health levy thresholds are based on annual Australian taxable wages. The levy is then applied proportionately to Queensland taxable wages that exceed the thresholds.

The thresholds are adjusted if you:

  • are a member of a group
  • pay interstate wages
  • are only liable for the levy for part of the financial year.
Australian taxable wages
(annual)
Levy rate (applied to Qld taxable wages exceeding the thresholds)
Up to $10 million Nil
More than $10 million (primary threshold) 0.25% (primary rate)
More than $100 million
(additional threshold)
0.25% (primary rate) + 0.5% (additional rate)

Exemptions and deductions

1. Exemptions

  • QLD payroll tax exempts wages paid to apprentices and trainees, supporting businesses investing in skill development.
  • Certain wages paid to employees with disabilities are exempt from payroll tax, promoting inclusive employment practices.
  • QLD payroll tax offers exemptions for wages paid to employees involved in charitable activities, encouraging community engagement and support.
  • Some industries, such as agriculture, primary production, and mining, may qualify for exemptions on certain wages to promote growth and competitiveness.

2. Deductions

  • Businesses can claim deductions for wages paid to employees on parental leave, recognizing the importance of supporting working parents.
  • Deductions can be claimed for wages paid to employees on long service leave, acknowledging the significance of employee loyalty and rewarding long-term service.

Registration and reporting

An employer must register for payroll tax within 7 days after the end of the month in which the employer:

  • pays more than $25,000 a week in Australian taxable wages; or
  • becomes a member of a group that together pays more than $25,000 a week in Australian taxable wages.

Businesses may be grouped and treated as one unit for payroll tax if they are related or connected. One business, the designated group employer (DGE), claims any deduction entitlement on behalf of the whole group.

The DGE and all group members must lodge separate returns.

Employers can apply for an exclusion from grouping for payroll tax.

Once an employer meets the criteria for liability under QLD payroll tax, it is essential to complete the registration process with the Office of State Revenue (OSR). The registration involves providing relevant business information, such as the business name, address, ABN (Australian Business Number), and contact details. Following successful registration, the OSR will issue the business a unique payroll tax registration number.

Registered businesses must report their payroll tax liabilities to the OSR regularly. The reporting frequency depends on the business size, with larger businesses generally required to report monthly and smaller businesses having the option of reporting annually. During the reporting process, businesses must accurately report their total taxable wages and calculate the corresponding payroll tax liability based on the current tax rate. Reporting can be done electronically through the OSR’s online portal.

In QLD, the due date for payroll tax lodgment and payment is typically the 21st of the following month. However, specific due dates may vary, so businesses should consult the OSR website or seek professional advice to ensure compliance. Timely and accurate reporting is essential to avoid penalties or interest charges.

Key dates and deadlines

While specific due dates may vary, the following provides a general overview of the key dates and deadlines:

1. Monthly Reporting

  • Due Date: Generally, the 21st day of the following month.
  • Monthly reporting is typically required for larger businesses.

2. Annual Reporting

  • Due Date: Varies based on the financial year.
  • Smaller businesses may have the option to report on an annual basis.

3. Annual Reconciliation

  • Due Date: Varies, typically between July and August.
  • The annual reconciliation requires businesses to reconcile their total taxable wages for the financial year and make any necessary adjustments.

4. Payment Due Dates

  • Due Date: Generally, the same as the reporting due dates.
  • Payroll tax payment is due on or before the reporting due dates.

Businesses need to review and confirm the specific due dates and deadlines applicable to their situation. The Office of State Revenue (OSR) provides detailed information on the dates and timelines on its official website. 

Audits and penalties

The OSR conducts regular audits to ensure businesses comply with payroll tax obligations. Maintaining accurate records and having proper systems in place to support your payroll tax calculations is important.

Penalties and interest charges may apply if errors or discrepancies are found during an audit. Engaging the services of a qualified tax professional can help minimize the risk of non-compliance and ensure you are meeting your obligations.

1. Audits
The Office of State Revenue (OSR) in Queensland has the authority to conduct audits to ensure compliance with payroll tax obligations. These audits are carried out to verify that businesses accurately report their taxable wages and correctly calculate their payroll tax liabilities. The primary purpose of audits is to maintain fairness and equity in the payroll tax system.

During an audit, the OSR may request relevant documents and records related to payrolls, such as payroll registers, employment contracts, timesheets, and financial statements. They may also interview key personnel involved in payroll processes. The audit process is designed to assess the accuracy and completeness of payroll tax reporting and identify any non-compliance.

2. Penalties
Non-compliance with QLD payroll tax obligations can result in penalties and interest charges. The OSR has the authority to impose penalties to encourage businesses to fulfil their obligations and deter tax evasion. The specific penalties and interest rates may vary, but they are generally calculated based on the amount of unpaid tax and the period of non-compliance.

Common penalties for payroll tax non-compliance can include the following:

  • Failure To Register: A penalty for not registering for payroll tax when required may be imposed.
  • Late Lodgment: Failing to lodge payroll tax returns by the due date can result in penalties.
  • Underpayment Or Non-Payment Of Payroll Tax: Businesses that fail to pay the correct amount of payroll tax, intentionally or unintentionally, may face penalties.
  • False Or Misleading Statements: Providing false or misleading information in relation to payroll tax can lead to penalties.

Businesses need to understand their payroll tax obligations, maintain accurate records, and meet reporting and payment deadlines to minimize the risk of penalties. Businesses can often rectify unintentional errors or mistakes by voluntarily disclosing the error to the OSR and paying any outstanding tax, potentially reducing or waiving penalties.

Businesses facing payroll tax audits or penalties are encouraged to seek professional advice and cooperate fully with the OSR. By demonstrating a commitment to compliance and rectifying any non-compliance, businesses can mitigate the impact of penalties and maintain a positive relationship with the OSR.

Payroll tax grouping

Payroll tax grouping, or group employer provisions, is used in QLD payroll tax to treat related businesses as a single entity for payroll tax assessment. It aims to prevent businesses from avoiding payroll tax liabilities by splitting their operations into multiple entities.

Under the payroll tax grouping provisions, businesses that are considered related or connected may be grouped, and their wages aggregated for payroll tax calculation. This means that the combined wages of all grouped entities are taken into account when determining whether the threshold for payroll tax liability has been exceeded.

In QLD, the grouping provisions apply when there is a relationship of control or common control between entities. This can include situations where there is a controlling interest in one entity by another or where multiple entities are under common control or management.

Grouping ensures businesses cannot artificially reduce payroll tax liability by dividing their workforce or operations among multiple entities. Treating related entities as a single unit intends to maintain fairness and equity in the payroll tax system.

It’s important for businesses to understand the rules and criteria for payroll tax grouping in QLD. The Office of State Revenue (OSR) provides guidelines and information on when grouping provisions apply and how they are implemented. Businesses that are part of a group are required to report their combined wages and fulfil their payroll tax obligations accordingly.

Businesses should consult with tax professionals or the OSR to determine whether they are subject to payroll tax grouping and to ensure compliance with the relevant regulations. Adhering to the grouping provisions helps businesses avoid penalties and maintain compliance with payroll tax requirements in QLD.

Payroll tax harmonization

Payroll tax harmonization refers to aligning and standardizing payroll tax regulations and policies across different states or jurisdictions within a country. It aims to reduce discrepancies and inconsistencies in payroll tax systems, making it easier for businesses to navigate and comply with payroll tax obligations.

In Australia, where each state and territory has its legislation governing payroll tax, harmonization efforts have been made to streamline and unify payroll tax regulations. The goal is to create a more consistent and cohesive framework for businesses operating across multiple jurisdictions.

The harmonization of payroll tax involves coordination and cooperation between the federal and state governments to establish common principles, definitions, thresholds, and rates. This can simplify the administration and compliance processes for businesses, particularly those with operations spanning multiple states.

Harmonization efforts may also include sharing information and best practices among states to improve the effectiveness and efficiency of payroll tax administration. This can lead to greater transparency and consistency in the application of payroll tax laws, reducing confusion and potential disputes for businesses.

While there have been discussions and initiatives towards payroll tax harmonization in Australia, complete uniformity across all states and territories has not yet been achieved. Each jurisdiction still maintains its own payroll tax legislation and sets its own thresholds and rates, resulting in some variations and complexities for businesses operating nationally.

This article is general information only and does not provide advice to address your personal circumstances. To make an informed decision you should contact an appropriately qualified professional.