ETP RBL
Employment Termination Payments

Life Benefit Employment Termination Payments

Age

Tax on taxable component 2010

Tax on taxable component 2011

Under preservation age* on the last day of the income year in which the payment is made.

Up to $150,000 – taxed at a maximum rate of 30% plus Medicare levy.

Up to $160,000 – taxed at a maximum rate of 30% plus Medicare levy.

 

Amount over $150,000 – taxed at top marginal tax rate plus Medicare levy.

Amount over $160,000 – taxed at top marginal tax rate plus Medicare levy.

Preservation age* or over on the last day of the income year in which the payment is made.

Up to $150,000 – taxed at a maximum rate of 15% plus Medicare levy

Up to $160,000 – taxed at a maximum rate of 15% plus Medicare levy.

 

Amount over $150,000 – taxed at top marginal tax rate plus Medicare levy.

Amount over $160,000 – taxed at top marginal tax rate plus Medicare levy.

*Preservation age is the age at which retirees can access their super benefits generally on retirement.
Born before 1 July 1960, you can access your super when you are 55. after 30 June 1960, your preservation age will be between 55 and 60. This is because the preservation age will gradually increase from 55 to 60 between 2015 and 2025.Preservation age is the age at which retirees can access their super benefits generally on retirement.
Born before 1 July 1960, you can access your super when you are 55. after 30 June 1960, your preservation age will be between 55 and 60. This is because the preservation age will gradually increase from 55 to 60 between 2015 and 2025.Preservation age is the age at which retirees can access their super benefits generally on retirement.
Born before 1 July 1960, you can access your super when you are 55. after 30 June 1960, your preservation age will be between 55 and 60. This is because the preservation age will gradually increase from 55 to 60 between 2015 and 2025.

Transitional ETP Cap Amounts up to 30 June 2012
Transitional arrangements apply if you were entitled, as at 9 May 2006, to a payment made on the termination of employment under:a written contract

  • A written contract
  • An Australian or foreign law (or an instrument under such a law), or
  • A workplace agreement under the Workplace Relations Act 1996.

Employment termination payments made after 1 July 2007 (other than those made under the transitional arrangements) won't be able to be contributed or rolled over into super.

The taxable component of a transitional termination payment will be taxed at no more than 15% up to the lower cap amount and no more than 30% on the amount which exceeds the lower cap amount but does not exceed the upper cap amount. Amounts in excess of the upper cap amount will be taxed at the top marginal rate.

Income Year

Lower Cap Amount

Upper Cap Amount(not indexed)

2008-2009

$145,000

$1 million

2009-2010
$150,000
$1 million

2010-2011

$160,000

$1 million

Transitional arrangements in relation to termination payments will cease to apply on or after 1 July 2012.

Tax free Part of Genuine Redundancy Payments and Early Retirement Scheme Payments
This table shows the limit set for genuine redundancy and early retirement scheme payments. For earlier years, see Tax-free part of bona fide redundancy payments and approved early retirement scheme payments limits (below).

Income Year

Base Limit

For Each Completed Year of Service

2008-2009

$7,350

$3,676

2009-2010
$7,732
$3,867

2010-2011

$8,126

$4,064

 

ETP tax table

Income Component Derived in the Income Year

Age at the End of the In come Year in Which the Payment is Received

Component Subject to Tax

Maximum Rate of Tax (Including Medicare)

Life benefit ETP –Taxable component

Under preservation age

Up to lower cap amount

31.5%

 

At or above preservation age

Up to lower cap amount

16.5%

 

All ages

Amount above lower cap amount

46.5%

Transitional ETP - taxable component

Under preservation age

Up to upper cap amount

31.5%

 

At or above preservation age

Up to lower cap amount

16.5%

 

Amount above lower cap amount up to upper cap amount

31.5%

 

All ages

Amount above upper cap amount

46.5%

Death Benefit ETP paid to non-dependants - taxable component

All ages

Up to lower cap amount

31.5%

 

 

Amount above lower cap amount

46.5%

Death Benefit ETP paid to dependants - taxable component

All ages

Up to lower cap amount

Nil

 

 

Amount above lower cap amount

46.5%

Bona fide redundancy and approved early retirement

 

Excess of above below limits

Ordinary ETP

2010

$7,732 + $3,867 x yrs of completed service)

not assessable.

2009

$7,350 + $3,676 x yrs of completed service)

not assessable.

2008

$7,020 + $3,511 x yrs of completed service)

not assessable.

2007

$6,783 + $3,392 x yrs of completed service)

not assessable.

2006

$6,491 + ($3,246 x yrs of completed service)

not assessable.

2005

$6,194 + ($3,097 x yrs of completed service)

not assessable.

2004

$5,882 + ($2,941 x yrs of completed service)

not assessable.

Non-qualifying

 

Marginal

Pre-July 1983

5%

Marginal

Post-June 1983 (taxed & untaxed)

 

See table below

Excessive

 

47%

Taxed & Untaxed Post-June 83 component

Taxpayer Age & Amount

Taxed Element - max %

Untaxed - max %

Under 55 - total amount

20%

30%

55 and over:

 

 

$0 to threshold - next table

0%

15%

Over threshold - next table

15%

30%

Low Rate Eligible Termination Threshold  

1984/85 $50,000

1993/94 $77,796

2002/03 $112,405

1985/86 $55,000

1994/95 $79,975

2003/04 $117,576

1986/87 $55,000

1995/96 $83,574

2004/05 $123,808

1987/88 $55,000

1996/97 $86 917

2005/06 $129,751

1988/89 $60,000

1997/98 $90,916

2006/07 $135,590

1989/90 $64,500

1998/99 $94,189

2007/08 $140,000

1990/91 $68,628

1999/00 $97,109

2008/09 $145,000

1991/92 $73,776

2000/01 $101,188

2009/10 $150,000

1992/93 $76,949

2001/02 $105,843

20010/11 $160,000

Reasonable Benefits Limit
The RBL was abolished from 1 July 2007. Up to 30 June 2007, these tables can be used to determine the concessional tax rates limits of a reasonable benefit limit (RBL) for a particular financial year. The table includes both the pension and lump sum RBL.

Year

Lump Sum RBL *

Pension RBL

1998/1999

$471,088

$942,175

1999/2000

$485,692

$971,382

2000/2001

$506,092

$1,012,181

2001/2002

$529,373

$1,058,742

2002/2003

$562,195

$1,124,384

2003/2004

$588,056

$1,176,106

2004/2005

$619,223

$1,238,440

2005/2006

$648,946

$1,297,886

2006/2007

$678,149

$1,356,291

* The Lump Sum RBL is reduced by 2.5% for each year that the taxpayer is under age 55 at the time of payment.

Transitional Reasonable Benefits Limits Indexation Factors
The information in the table below gives transitional RBL indexation factors and can be used to index a previous financial year's reasonable benefit limits to the current year in line with inflation.

Year

Indexation Factor

2006/2007

1.045

2005/2006

1.048

2004/2005

1.053

2003/2004

1.046

2002/2003

1.062

2001/2002

1.046

2000/2001

1.042

1999/2000

1.031

1998/1999

1.036

1997/1998

1.046

1996/1997

1.040

1995/1996

1.045

Links to Reference Websites
ATO - Changes to Super - Overview
ATO- Employment Termination Payments
ATO - Key Superannuation Rates and Thresholds
ATO - Reasonable Benefit Limits - Practical Tips for Tax Practitioners
ATO - Key Superannuation Rates and Thresholds

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