Voluntary Redundancy, Ex Gratia and Severance Payments

Many redundancy packages are bigger than the legal minimum: a voluntary redundancy offer, an ex gratia top-up, or "severance" of a few weeks per year. Whether that extra money is tax-free depends on one thing: whether the redundancy is genuine. If it is, the whole package shares a tax-free limit of $13,598 plus $6,801 per completed year in 2026–27.

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Is a voluntary redundancy still "genuine"?

Usually, yes. The ATO says a redundancy is still genuine if the employer asks for expressions of interest before deciding who to dismiss. What matters is that your position is abolished and the final decision to end your employment stays with the employer. Volunteering is fine; deciding to leave on your own is not.

The other conditions still apply: you must be under age-pension age when dismissed, the payment must be more than you would have received by resigning, and if you and your employer aren't dealing at arm's length (a family business, say), any amount above a normal arm's-length payment disqualifies the whole payment from the concession.

How the top-up is taxed

On a genuine redundancy, the NES amount and any ex gratia top-up are added together as one genuine redundancy payment:

  1. The first $13,598 + $6,801 × completed years is tax-free, and doesn't count as assessable income.
  2. The excess is an employment termination payment, withheld at 32% under preservation age or 17% at or over it, up to the $270,000 ETP cap.
  3. Anything above the cap is taxed at 47%.

Unused annual leave and long service leave are never part of the redundancy payment. They are paid separately and taxed under their own rules.

Worked example: a voluntary redundancy package

A 55-year-old on $1,700 a week takes voluntary redundancy after 15 years. The NES gives 12 weeks ($20,400), and the employer adds an ex gratia top-up of $60,000.

If the top-up were $120,000 instead, the payment of $140,400 would go $24,787 over the limit, taxed at 32%: $7,932.

The same money, paid when it isn't genuine

Suppose the same $80,400 were paid on a resignation or a negotiated exit, with $50,000 of salary already received that year. There is no tax-free amount: it is all a non-genuine ETP, capped by the smaller of the ETP cap and the $180,000 whole-of-income cap less other taxable income. The tax would be $25,728 instead of $0.

Before you accept an offer

Early retirement schemes

A payment under an ATO-approved early retirement scheme gets the same tax-free limit as a genuine redundancy. The scheme must be approved by the ATO, offered to broad groups of employees (for example everyone over a certain age or with a particular skill), and be part of a plan to reorganise the business. If your employer calls an offer an "early retirement scheme", ask whether it has an ATO class ruling.

Frequently asked questions

Is voluntary redundancy taxed differently from forced redundancy?

No, as long as it is still a genuine redundancy: your position is abolished and your employer makes the final decision to dismiss you. Putting your hand up when the employer asks for volunteers doesn't change that. Resigning, on the other hand, is not a redundancy at all.

What is an ex gratia payment?

A payment your employer makes beyond what the law, award or contract requires, often called a top-up, golden handshake or gratuity. On a genuine redundancy it is part of the redundancy payment and shares the same tax-free limit. Otherwise it is an employment termination payment taxed under the stricter whole-of-income cap.

Is severance pay the same as redundancy pay?

In Australia the terms overlap. "Severance" usually means weeks of pay for each year of service. If it is paid because of a genuine redundancy, it is tax-free up to the limit. If it is paid on any other termination (for example a negotiated exit), it is an ordinary employment termination payment.

Does super get paid on an ex gratia payment?

No. Redundancy pay, severance and gratuities are not qualifying earnings, so the employer pays no super guarantee on them. Only pay in lieu of notice attracts super.

Can I take the voluntary redundancy and start a new job straight away?

Yes. Starting a new job doesn't change the tax on the redundancy, though a large taxable component plus a full year of new salary can push up income-tested items for that year.

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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.