FirstTech
FY25 Pocket Guide

  • A payment is an employment termination payment if it is received by a taxpayer in consequence of the termination of their employment or after another person’s death, in consequence of the termination of the other person’s employment. It must generally be received no later than 12 months after the termination.

  • Tax-free amount of genuine redundancy and early retirement scheme payments in 2024–25

    $12,524 + ($6,264 x each complete year of service)

    This amount is not subject to tax, and is not classified as an ETP.

    The balance of the payment is an ETP and may be split into a tax-free and a taxable component. See ETPs – taxation of taxable component.

    Age limit for genuine redundancy and early retirement

    The age limit to receive concessional tax treatment on genuine redundancy and early retirement scheme payments has been extended from 65 to Age Pension age. Concessional tax treatment applies up to Age Pension age as long as the dismissal or retirement occurs on or after 1 July 2019 and an earlier age of compulsory retirement for the particular position does not apply.

  • ETPs
    include:
    ETPs
    do not include:

    Unused rostered days off

    Superannuation benefits

    Payments in lieu of notice 

    Pensions or annuities

    Unused sick leave 

    Unused annual leave payments

    Gratuities or 'golden handshakes' 

    Unused long service leave payments 

    Payments because of the employee’s invalidity (permanent disability, other than compensation for personal injury)

    An amount included in assessable income under an employee share scheme

    Genuine redundancy payment or an early
    retirement scheme payment in excess of the tax-free amount

    The tax-free part of a genuine redundancy payment or an early retirement scheme payment 

    Compensation for loss of job

    Foreign termination payments

    Compensation for wrongful dismissal

    A payment made by a company or trust of a CGT exempt amount under the retirement exemption

    Payments for loss of future super payments

    A payment that is an advance or a loan on arm’s length terms

    Certain payments made on the death of an
    employee

     

    Note: the part of any amount above that is included in the tax-free component of a genuine redundancy payment or approved early retirement scheme payment, is not an ETP.

     

    A payment that is deemed to  be a dividend

    A capital payment for personal injury

    A capital payment in respect of restraint of
    trade

    A commutation of a pension to pay superannuation contributions surcharge

  • In all cases, the tax-free component of an ETP is non-assessable, non-exempt income and is not subject to tax.

  • Age Max rate of tax 2024–25

    ETPs that are 'excluded payments'1

    Over preservation age

    First $245,0002

    15%3

    Above $245,0002

    45%4

    Under preservation age

    First $245,0002

    30%3

    Above $245,0002

    45%4

    Whole-of-income cap5

    Over preservation age

    First $180,0006

    15%3

    Above $180,0006

    45%4

    Under preservation age

    First $180,0006

    30%3

    Above $180,0006

    45%4

    1

    Apply the ETP cap to 'excluded payments' (see ETPs that are excluded payments). 

    2

    ETP cap amount for 2024–25 is $245,000 and is reduced by any earlier ETPs paid to the taxpayer in the same income year, and by any earlier ETPs for the same termination regardless of when they are paid to the taxpayer. The ETP cap is indexed to AWOTE in $5,000 increments.

    3

    A tax offset applies, so the taxpayer pays no more than the lower of their marginal rate and the maximum tax rate shown,  to the extent that the taxable component is within the relevant cap.

    4

    Rates of 45% shown above are specified flat rates rather than maximum rates.

    5

    For ETPs that are not excluded payments, apply the lesser of the ETP cap and the whole-of-income cap. Unless there are multiple payments to the employee for the same termination, the whole-of-income-cap will generally be the lesser amount.

    6

    The whole-of-income cap is reduced by any other taxable payments other than the ETP (such as salary and the taxable components of earlier ETPs) received by the employee in the same income year. The $180,000 whole-of-income cap is not indexed.

     

    For all non-zero tax rates, the Medicare levy may also apply.

    Preservation age is assessed on the last day of the financial year.

  • Life benefit ETPs that are excluded payments:

    genuine redundancy payments that exceed the tax-free amount

    early retirement scheme payments that exceed the tax-free amount

    payments that would have been genuine redundancy or early retirement scheme payments had the employee not reached their Age Pension age or earlier mandated retirement age

    invalidity payments (only the amount not included in the tax-free component is subject to the ETP cap)

    compensation payments principally for personal injury, unfair dismissal, harassment or discrimination

    Only the ETP cap is applied to excluded payments.

     

  • Examples of life benefit ETPs that are not excluded payments

    golden handshakes and gratuities

    non-genuine redundancy payments

    payments in lieu of notice that would also be payable on voluntary termination

    payments for unused sick leave or unused rostered days off that would also be payable on voluntary termination

    For ETPs that are not excluded payments, the lesser of the ETP cap and the whole-of-income cap is applied.

     

  • Death benefit ETP paid to Component Maximum rate of tax 2024–25

    Dependant (any age)

    First $245,0001

    Not subject to tax

     

    Above $245,0001

    45%2

    Non-dependant (any age)

    First $245,0001

    30%3

     

    Above $245,0001

    45%2

    1

    ETP cap amount for 2024–25 is $245,000 and is indexed to AWOTE in $5,000 increments.

    2

    Rates of 45% shown above are specified flat rates rather than maximum rates. 

    3

    A tax offset applies, so the taxpayer pays no more than the lower of their marginal rate and the maximum tax rate shown to the extent that the taxable component is within the ETP cap. 

     

    The whole of income cap does not apply to death benefit ETPs.

    The tax free component of a death benefit termination payment is non-assessable, non-exempt income.

    For all non-zero tax rates the Medicare levy may also apply except where paid to the deceased employee’s estate.

  • Type of payment Amount Maximum tax rate

    On resignation or retirement

    Pre 16 August 1978 service

    5%

    Marginal tax rates

    16 Aug 1978 to 17 Aug 1993

    100%

    30%

    Balance of service

    100%

    Marginal tax rates

    On genuine redundancy, invalidity or early retirement

    Pre 16 August 1978 service

    5%

    Marginal tax rates

    Balance of service

    100%

    30%

    A tax offset applies, so the taxpayer pays no more than the lower of their marginal rate and the maximum tax rate shown.

    For all non-zero tax rates, the Medicare levy may also apply.

     

  • Type of payment Amount Maximum tax rate

    On resignation or retirement

    Pre 18 August 1993 service

    100%

    30%

    Balance of service

    100%

    Marginal tax rates

    On genuine redundancy, invalidity or early retirement

    All service

    100%

    30%

    A tax offset applies, so the taxpayer pays no more than the lower of their marginal rate and the maximum tax rate shown.

    For all non-zero tax rates, the Medicare levy may also apply.