Contracts are exempt if a person provides you with the same or similar services for a total of not more than 90 days in a financial year. On the 91st day, the entire period becomes liable for payroll tax.
Unlike the 180-day exemption, this exemption focuses on the number of days an individual works for you.
A day is 1 calendar day, from midnight to midnight. Any length of time worked in a day will count as a whole day.
Example 1
A contract security officer works for Night Ltd for 80 night shifts (on non-consecutive days) in total for a financial year. The security officer works from 10pm to 6am in each shift. This means one shift is considered to be 2 days. Therefore, the security officer has worked for 160 days. All Night Ltd’s payments to him are liable for payroll tax.
Example 2
You contract Bob as a concreter for 30 days and to drive a cement mixer for another 75 days. Because Bob provides you with similar services for a total of 105 days, any amounts paid to him are taxable.
See Public Ruling PTA014—What constitutes a day's work? for more information.
