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What are the requirements for an effective salary sacrifice arrangement?
http://www.ato.gov.au/individual ... m&page=2&H2
The arrangement should be entered into before you perform the work
If the arrangement is put into place after the work has been performed, the salary sacrifice arrangement may be ineffective.
There should be an agreement between you and your employer
It is advisable that you and your employer clearly state and agree on all the terms of any salary sacrifice arrangement. If you enter into an undocumented salary sacrifice arrangement, you may have difficulty establishing the facts of your agreement. Subject to the terms of any contract of employment or industrial agreement, employees can renegotiate a salary sacrifice arrangement at any time. Where you have a renewable contract, you can renegotiate amounts of salary or wages to be sacrificed before the start of each renewal.
The contract of employment includes details of your remuneration, including any salary sacrifice arrangement. This contract can be varied by agreement between you and the employer.
There should be no access to the sacrificed salary
The sacrificed salary must be permanently forgone for the period of the arrangement. If a fringe benefit that has not been provided is cashed out at the end of a salary sacrifice arrangement accounting period, the amount cashed out is salary and is taxed as normal income.
Salary and wages, leave entitlements, bonuses or commissions that accrued before the arrangement was entered into cannot be part of an effective salary sacrifice arrangement.
Similarly, if you direct your employer to make payments to a third party from salary that has been earned, for things such as health insurance premiums, loan repayments, union fees or credit card repayments, these payments do not constitute an effective salary sacrifice arrangement. They are made from after-tax or net amounts of salary.
Last Modified: Friday, 11 April 2008
[ 本帖最后由 ritaclin 于 3-6-2008 13:33 编辑 ] |
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