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180-day exemption

If your business normally requires a type of service for less than 180 days in a financial year, the contracts are exempt.

It doesn’t matter:

  • whether a contractor or employee provides these services
  • how many people provide these services at a time
  • whether your business requires these services on consecutive days.

This exemption in no way extends the 90-day exemption.

Example 1

Two librarians are given a fixed fee to work in a legal firm’s library. They only work on weekends and are the only librarians of the firm. The 180-day exemption will apply because the legal firm requires librarian services for less than 180 days in that financial year.

Example 2

A ski resort requires instructors for 160 days in each financial year. For the busiest times in that period, the resort hires extra contractors for 100 days. As the ski resort requires instructors for less than 180 days (ie. 160 days), the contracts are exempt. 

For more information, see the following Public Rulings:

Top call centre questions

Can I have more time to pay my periodic, annual, or final payroll tax liability?

You must pay payroll tax when it is due and, as a rule, we do not grant extensions.

If you are experiencing extreme financial difficulties, contact us before the date your return or assessment is due.

Unpaid tax interest will start to accrue if a payroll tax return is lodged and paid late. Penalty tax may also apply if you do not lodge a return by the due date.

I accidentally underpaid tax in a previous periodic return. Should I adjust this in my next periodic return?

No. Notify us in writing as soon as you become aware of the error and tell us how it occurred. We will reassess your payroll tax for that period using the correct figure for your taxable wages. You should pay any amount owing as soon as possible, as unpaid tax interest will be accruing daily.

If the error was in a periodic return during a previous financial year, we will reassess your liability for that year (and/or for the particular period), using the correct figure for your taxable wages.

I overpaid payroll tax in my last periodic return. Can I claim a refund?

Yes. Claim a refund within 5 years of the date of the overpayment in writing, outlining:

  • how the overpayment occurred
  • the amount of wages included in error
  • the return period in which you overpaid tax.

If we approve the refund, we may:

  • send you a cheque
  • apply the amount to your current payroll tax or revenue liability
  • hold the amount for liability arising within 60 days.