Lump Sums, ETPs & Super Streams: Australian Tax Guide 2025–26
Australian Taxation · Employment & Retirement Payments
Lump Sums, ETPs & Super Streams: Australian Tax Treatment
Tax rates, caps, return labels and planning strategies for every type of employer payment, employment termination payment and superannuation benefit — 2025–26.
Quick answer
Employer lump sums, employment termination payments (ETPs) and superannuation benefits each carry different tax rates, caps and tax-return labels, and the outcome depends on three things: the type of payment, the date the entitlement accrued, and the recipient's age. The two most consequential limits are the ETP whole-of-income cap ($180,000) and the super untaxed plan cap ($1.865m in 2025–26). Misclassifying a payment can cost tens of thousands in avoidable tax.
Key takeaways
- Five employer lump-sum labels (A, B, D, E, W) each have their own rate — from tax-free (D) to full marginal rate (W).
- Excluded ETPs (genuine redundancy excess, invalidity, unfair dismissal) use the ETP cap only; non-excluded ETPs (golden handshakes, pay in lieu) are also limited by the whole-of-income cap.
- For a super taxed element, the difference between age 59 and age 60 is the difference between up to 20% tax and zero.
- Untaxed elements from government funds (CSS, PSS, military) are never fully tax-free — claim the 10% offset at T2.
- Getting the classification right before settlement matters more than the headline amount.
Part 1 · Items 3 & 24How are employer lump sum payments taxed?
What are employer lump sum payments?
When employment ends — or back pay is received — some payments get concessional tax treatment and are shown separately on the income statement, rather than in gross salary. Each type has its own label (A, B, D, E, W) and its own tax rate. Getting the label right determines whether the ATO applies the correct maximum rate.
• Long service leave accrued 16 Aug 1978 – 17 Aug 1993
• Unused annual leave up to 17 Aug 1993
• LSL & annual leave paid due to genuine redundancy, invalidity or early retirement (any date)
• Long service leave accrued before 16 Aug 1978 only
• Only 5% of the amount is included in assessable income
• No offset — the 5% is taxed at marginal rate
• Tax-free component of genuine redundancy
• Tax-free component of approved early retirement
• 2025: $12,524 + ($6,264 × complete years)
• Non-assessable non-exempt (NANE) income
• Back pay that accrued 12+ months before payment
• An offset reduces tax to the original-year amount
• Calculated by ATO (STP Phase 2) or via schedule (Phase 1)
• Return-to-work payments
• Made to encourage an employee back after absence
• No concessional treatment — full marginal rate
Lump Sum D — genuine redundancy tax-free calculation
The genuine-redundancy tax-free formula
| Years of service | 2025 limit | 2026 limit |
|---|---|---|
| 5 years | $43,844 | $45,860 |
| 10 years | $75,164 | $78,620 |
| 15 years | $106,484 | $111,380 |
| 20 years | $137,804 | $144,140 |
| 25 years | $169,124 | $176,900 |
Example — Janice, 10.5 years' service
Redundancy payment: $85,000 in 2025
| Leave type | Accrual date | Normal termination | Genuine redundancy / early retirement | Label |
|---|---|---|---|---|
| Annual leave | Up to 17 Aug 1993 | Max 30% | Max 30% | A |
| Annual leave | Post 17 Aug 1993 | Marginal | Max 30% | A / Gross |
| Long service leave | Before 16 Aug 1978 | 5% marginal | 5% marginal | B |
| Long service leave | 16 Aug 1978 – 17 Aug 1993 | Max 30% | Max 30% | A |
| Long service leave | Post 17 Aug 1993 | Marginal | Max 30% | A / Gross |
Part 2 · Item 4What is an employment termination payment (ETP) and how is it taxed?
What is an ETP?
An ETP is a lump sum paid on, or because of, the end of employment. It receives concessional tax treatment up to a cap — but the cap that applies depends on whether the payment is "excluded" or "non-excluded." Get this wrong and the client may face unexpected top-rate tax at lodgement.
ETP Type 1 — Code R
Excluded ETPs ETP cap only
- Genuine redundancy payments above the tax-free limit
- Approved early retirement scheme payments (excess)
- Invalidity payments (permanent disability)
- Compensation for personal injury
- Compensation for unfair dismissal
- Compensation for harassment or discrimination
ETP Type 2 — Code O
Non-excluded ETPs Lesser of both caps
- Golden handshake or gratuity
- Payment in lieu of notice
- Non-genuine redundancy payments
- Severance pay
- Unused sick leave payments
- Unused rostered days off (RDOs)
The two caps explained
ETP concessional cap vs whole-of-income cap
Item 4 — concessional rates within the cap
ETP tax rates — life benefit (2025–26)
| Age at termination | Within cap | Rate (max) | Above cap | Rate above cap |
|---|---|---|---|---|
| Under 60 (below preservation age) | Up to applicable cap | Max 32% (30% + 2% Medicare) | Excess | 47% |
| 60+ (at/above preservation age) | Up to applicable cap | Max 17% (15% + 2% Medicare) | Excess | 47% |
| Death benefit — to dependant | Up to applicable cap | Tax free | Excess | 47% |
| Death benefit — to non-dependant | Up to applicable cap | Max 32% | Excess | 47% |
Part 3 · Item 8How is a superannuation lump sum taxed?
Everything flows from the components
Super payment components
• Personal after-tax (non-concessional) contributions
• Spouse contributions
• Government co-contributions
• Crystallised pre-2007 tax-free amounts
• Employer SG (taxed 15% in fund)
• Salary sacrifice
• Personal deductible contributions
Untaxed element (gov't funds):
• Public-sector scheme contributions
• Insurance component where deduction claimed
Item 8 — 2025–26 rates · preservation age now 60 for everyone
Super lump sum — life-benefit tax treatment
Full amount at max 20%
Untaxed element:
Up to $1.780m → max 30%
Above $1.780m → 45%
Tax free — NANE
Not in income, no Medicare
Untaxed element:
Up to $1.865m → max 15%
Above $1.865m → 45%
max 15% regardless of age
Untaxed element:
max 30% regardless of age
Dependants: generally tax free
Part 4 · Item 7How are superannuation income streams (pensions) taxed?
Income stream vs lump sum — what changes?
A super income stream (pension) is a series of regular payments rather than a one-off withdrawal. The same component rules apply, but treatment by age differs slightly — and the 10% offset on untaxed elements matters for government employees. For an account-based pension paid to someone aged 60+, no payment summary is issued — it simply isn't taxable.
Item 7 — 2025–26 · preservation age now 60 for all
Super income stream — life-benefit tax treatment
| Age at payment | Taxed element | Untaxed element | Tax-return action |
|---|---|---|---|
| Below 60 |
Assessable — marginal 15% offset for disability streams only |
Assessable — marginal No offset |
Item 7 labels J (taxed) & N (untaxed) |
| 60 and over |
NANE — not taxable No payment summary |
Assessable — marginal +10% offset | Taxed = no action. Untaxed at label N + T2 offset |
| Disability (any age, taxed fund) | Assessable — marginal +15% offset |
Assessable — marginal No offset |
Item 7 — offset at T2 |
| Death benefit — recipient under 60, deceased under 60 |
Assessable — marginal No offset |
Assessable — marginal No offset |
Full amount at marginal rates |
Quick referenceEvery payment type compared
| Payment type | What triggers it | Tax treatment | Return item | Planning note |
|---|---|---|---|---|
| Lump Sum A | Leave before 17 Aug 1993 / redundancy leave (any date) | Max 30% | Item 3R | Code R = redundancy/invalidity/early retirement; T = other |
| Lump Sum B | LSL accrued before 16 Aug 1978 | 5% marginal | Item 3H | Only relevant after ~46 years' service |
| Lump Sum D | Tax-free part of genuine redundancy / early retirement | Tax free (NANE) | Not on return | $13,100 + $6,552/yr (2026). Excess → ETP |
| Lump Sum E | Back pay accrued 12+ months ago | Marginal + offset | Item 24 Cat 1 | Offset by ATO (STP2) or schedule (STP1). Must be 10%+ of taxable income |
| ETP — excluded | Redundancy excess, invalidity, unfair dismissal, harassment | Max 17% (60+) / 32% (<60) | Item 4 — Code R | ETP cap only ($260k). No whole-of-income test |
| ETP — non-excluded | Golden handshake, gratuity, lieu of notice, sick leave, RDOs | 17%/32% within cap; 47% above | Item 4 — Code O | Lower of ETP cap & whole-of-income cap. High risk for high earners |
| Super lump sum — taxed, <60 | Withdrawal before age 60 | Max 20% | Item 8 — label Q | Delay to 60 → zero tax on taxed element |
| Super lump sum — taxed, 60+ | Withdrawal at/after age 60 | Tax free — NANE | Item 8 (not in income) | No Medicare; spouse records at Label F for MLS |
| Super lump sum — untaxed | Withdrawal from government (untaxed) fund | Max 15% (60+, within cap) | Item 8 — label P | Untaxed plan cap $1.865m. Above = 45% |
| Super income stream — 60+, taxed | Pension from account-based super | Tax free — NANE | No entry needed | No PAYG summary. Fund earnings taxed 0% in pension phase |
| Super income stream — 60+, untaxed | Pension from government defined-benefit fund | Marginal − 10% offset | Item 7 — N + T2 | CSS, PSS, military. Claim 10% offset at T2. DB cap may apply |
LodgementWhere each payment goes on your return
Adviser playbookTax planning strategies
🎯 Strategy 1 — Wait until 60 to withdraw the taxed element
The single most powerful super timing decision. A $200,000 taxed element withdrawn at 59 attracts up to 20% tax = $40,000. The same withdrawal at 60 attracts zero tax. If a client is approaching 60 and considering an early withdrawal, delay as long as financially possible — the saving is permanent and can't be reclaimed afterwards.
🎯 Strategy 2 — Classify the ETP correctly: excluded vs non-excluded is real money
Payments for genuine redundancy, invalidity or unfair dismissal are excluded ETPs — the whole-of-income cap doesn't apply, so a $150,000 unfair-dismissal ETP is concessional in full. The same $150,000 as a golden handshake (non-excluded), for someone also earning $130,000 in wages, is concessional on only $50,000 ($180,000 − $130,000). Settle the ETP type before signing.
🎯 Strategy 3 — Maximise Lump Sum D before it overflows into ETP territory
On genuine redundancy the tax-free formula is $13,100 + ($6,552 × complete years) for 2026, and only complete years count. An extra few months can add a full $6,552 to the tax-free component. At 32% tax, each extra year of service is worth roughly $2,097 in tax saved on the tax-free component alone.
🎯 Strategy 4 — Redundancy turns leave from ordinary income into concessional
On normal resignation, unused annual leave accrued post-17 Aug 1993 is taxed at full marginal rate. On genuine redundancy, that same leave — whenever it accrued — is taxed at max 30% (Lump Sum A). For clients with large accrued balances, the gap between resignation and a redundancy package can be substantial — a legitimate structuring point in enterprise-agreement negotiations.
🎯 Strategy 5 — Defined-benefit recipients: don't overlook the 10% offset
CSS, PSS, military and state-government recipients often have large untaxed elements. Unlike account-based pensions (tax free at 60+), these are taxable at marginal rates — but the 10% offset at Item T2 is critical. At a 37% marginal rate, the effective rate becomes 27%. Confirm the T2 offset is applied correctly every year.
FAQFrequently asked questions
What is the difference between Lump Sum A and ordinary salary on termination?
Lump Sum A (Item 3R) is taxed at a maximum of 30% — more concessional than the marginal rate on ordinary salary. It covers unused annual leave accrued before 17 August 1993 and all unused leave paid on genuine redundancy, invalidity or early retirement regardless of accrual date. Post-1993 annual leave on a normal termination (resignation, retirement) goes into gross salary at Item 1 and is taxed at the full marginal rate.
What is the whole-of-income cap for ETPs and how does it work?
The whole-of-income cap ($180,000, not indexed) applies only to non-excluded ETPs such as golden handshakes, gratuities and payments in lieu of notice. It is reduced dollar-for-dollar by all other taxable income in the income year — before and after termination — and limits how much of the ETP gets concessional rates; amounts above it are taxed at 47%. It does not apply to excluded ETPs like genuine redundancy payments.
When is a super lump sum tax-free?
The taxed element of a super lump sum is completely tax-free (NANE income) for anyone aged 60 or over at the payment date. Under 60, the taxed element is taxed at a maximum of 20%. The untaxed element from government defined-benefit funds is never fully tax-free — max 15% (60+) up to the untaxed plan cap, and max 30% if under 60.
What is the difference between a super lump sum (Item 8) and a super income stream (Item 7)?
A super lump sum is a one-off withdrawal; a super income stream (pension) is a series of regular payments. They are reported and taxed differently. For someone 60+ with a private fund, both the lump-sum taxed element and the income-stream taxed element are NANE (no return entry, and no PAYG summary for the income stream). Government defined-benefit pensions (untaxed element) are always assessable at marginal rates with a 10% offset at T2, regardless of age.
How is Lump Sum D calculated for genuine redundancy?
The 2026 tax-free limit is $13,100 base plus $6,552 for each complete year of service. Only complete years count — 10.5 years uses 10 complete years. Any redundancy payment above this limit becomes an employment termination payment (ETP) subject to the ETP cap rules.
Disclaimer
General information only — not financial, tax or legal advice. Figures reflect 2025–26 thresholds as compiled here; verify all amounts at ato.gov.au or consult a registered tax agent before lodgement.
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