Corporations are grouped for payroll tax purposes if they are deemed to be related to each other under Section 50 of the
Commonwealth Corporations Act 2001.
Section 50 of the Corporations Act defines 'related corporations' and the definition includes the following:
- a holding company and its subsidiary;
- two or more subsidiaries of a common holding company; and
- a subsidiary and its subsidiary.
A holding company is a company having one or more subsidiaries.
A subsidiary is a company of which another company:
- controls the composition of its board; or
- is in a position to cause, or control the casting of more than one half of the maximum number of votes that might be cast at a general meeting of the company; or
- holds more than one half of the issued share capital.
This means that a group includes not only those corporations that are in a direct holding/subsidiary relationship but also corporations with:
- common holding corporations; or
- with a common ultimate holding corporation.