You recently read an article in your school newspaper about Professor Rodney Taylor, one of your favorite professors in the religious studies department. According to the article, he and the university have been negotiating an early retirement package and have reached a stumbling block. Under the agreement, Professor Taylor is to receive a lumpsum payment equal to one year’s salary in exchange for his retirement and the release of any and all rights associated with his tenure status. While recognizing that the payment would be subject to income tax, Taylor contends that the amount is not earned income and thus should not be subject to the FICA tax. The university negotiators say that they are not aware of any authority that supports Taylor’s view. In fact, they have learned that other universities in the state system have been withholding amounts for FICA for years in situations involving early retirement buyout packages for high-level administrators. The university’s position is that lacking the authority to not withhold for FICA and given the precedent of similar early retirement packages at other universities, they are obligated to withhold FICA from the payment. You want to come to the aid of Professor Taylor. Obviously, if the payments are considered wages subject to the FICA tax, the value of the offer to Professor Taylor will be significantly reduced. Can you find any authority for his position?
Why is Section 51(ii) is so important for Taxation in Australia? And why S 51(ii) is important to create a cohesive taxation environment within Australia
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