What this ruling covers

The Australian Taxation Office has issued Class Ruling CR 2026/73, which explains how income tax applies to termination payments made by the Mechanical Electrical Redundancy Trust (MERT) to its members.

MERT is a redundancy fund used by employers in the mechanical and electrical industry. Employers make weekly contributions to the fund on behalf of employees. When a worker's employment ends, MERT pays out the balance of their account.

The ruling confirms whether a MERT payout is treated as an Employment Termination Payment (ETP) or a Genuine Redundancy Payment for income tax purposes.

Period of application

The ruling applies from 1 July 2025 to 30 June 2029.

Key classifications

The ruling distinguishes between two member categories for the purpose of tax treatment on termination:

The reason for an employee's departure affects which classification applies.

Genuine Redundancy Payments and the tax-free cap

Where a worker is a GRA Member under pension age and is genuinely made redundant, the ruling addresses whether the MERT payment falls under the tax-free cap. The formula in subsection 83-170(3) of the Income Tax Assessment Act 1997 determines the cap amount. The portion of the payment under that cap is not taxed as an ETP.

Timing of payments

The ruling specifies conditions for payments made more than 12 months after termination. For such a payment to retain its ETP or Genuine Redundancy Payment tax treatment rather than being taxed as ordinary income at marginal rates, the ruling states that the member must have lodged their application with the trustee within 12 months of becoming entitled, and that payment is made as soon as practicable or within 2 years of termination.

MERT Trust Deed amendments

The ruling references proposed amendments to the MERT Trust Deed, updated July 2025. Those amendments affect how employees are classified as GRA Members or ETP Members, which in turn affects their tax treatment on termination.

Key actions

This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.