How Long Service Leave Is Taxed When You Leave

Unused long service leave paid out when your job ends isn't taxed like ordinary pay, and it isn't part of the tax-free redundancy amount either. It has its own rules, set by the ATO's Schedule 7, that depend on why your job ended and when the leave was earned. On a genuine redundancy it's a flat 32%; on a resignation it's usually your marginal rate.

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The rates, by reason and service period

Service the leave relates toGenuine redundancy, invalidity or early retirement schemeResignation, dismissal or retirement
After 17 August 199332%Marginal rates
16 August 1978 to 17 August 199332%32%
Before 16 August 19785% of it taxed at marginal rates5% of it taxed at marginal rates

The ATO treats voluntary resignation, dismissal for inefficiency and retirement as a "normal termination". For almost everyone working today all their leave relates to service after 17 August 1993, so the first row is the one that matters.

Resignation vs redundancy: does it change the tax?

It depends on your income. The redundancy rate is a flat 32%. The resignation rate is your marginal rate on the leave, added on top of your salary for the year. Take someone in NSW with 12 years' service and 10.4 weeks of long service leave:

Weekly payLeave paid outTax if they resignTax if made redundant
$800$8,320$2,152$2,662
$1,600$16,640$5,325$5,325
$3,000$31,200$12,168$9,984

On lower incomes the marginal rate can be below 32%, so a resignation is taxed less. Around average incomes the two are close. On higher incomes the flat redundancy rate saves money. These are estimates: employers withhold using the ATO's annualising method, and the final tax is settled in your tax return.

How your employer works it out

Work out the amount first

The tax only matters once you know how many weeks you're owed, and that differs by state: 8⅔ weeks at 10 years in most states, 13 weeks in SA and the NT, and full entitlement at 7 years in Victoria and the ACT. The long service leave calculator works out the weeks and value under your state's law, and the final pay calculator applies the tax.

Frequently asked questions

Is long service leave taxed at 32%?

Only in some cases. Leave paid out on a genuine redundancy, invalidity or an approved early retirement scheme is withheld at a flat 32%. On a resignation, dismissal or retirement, leave for service after 17 August 1993 is taxed at your marginal rates, which can be higher or lower than 32%.

Is long service leave taxed when I take it, rather than cash it out?

Leave you take while still employed is paid as normal wages and taxed through your usual pay. The special termination rates on this page only apply to unused leave paid out when your job ends.

Does super get paid on long service leave paid out on termination?

No. Unused long service leave paid on termination is not qualifying earnings, so no 12% super guarantee applies, whatever the reason for leaving.

What are Lump sum A and Lump sum B on my income statement?

Lump sum A is unused leave taxed at the flat 32% rate, which covers leave paid on a genuine redundancy and leave for service from 16 August 1978 to 17 August 1993. Lump sum B is long service leave for service before 16 August 1978; only 5% of it is taxed, at your marginal rate. Leave for service after 17 August 1993 on a resignation is included with your ordinary income instead.

Is long service leave part of my tax-free redundancy amount?

No. The ATO excludes unused leave from a genuine redundancy payment. Long service leave is paid and taxed separately, even when the redundancy itself is tax-free.

Related

Sources

Figures on this page come from the following primary sources. The date is when we last checked the page against the source.

Independent guide — not a government service, and not financial, legal or tax advice.