Genuine vs non-genuine redundancy: the distinction that changes your tax
The tax-free part of a redundancy payout only applies if it is a "genuine" redundancy. Here is what that means, and why the label can be worth thousands.
When a job ends, whether the payout is treated as a genuine redundancy makes a large difference to how much tax you pay. The same dollar figure can be largely tax-free or fully taxed depending on which side of the line it falls. Here is how to tell them apart in 2026-27.
Why the label matters
A genuine redundancy unlocks a tax-free amount — for 2026-27, a base of $13,598 plus $6,801 for each completed year of service. A non-genuine redundancy gets none of that; the whole payment is taxed as an employment termination payment or ordinary income.
What makes it genuine
For the ATO to treat it as a genuine redundancy, broadly: your position must genuinely no longer exist, you must be under age-pension age when it happens, the deal must be at arm's length (normal commercial terms), and there must be no arrangement to re-hire you into the same role afterwards.
What counts as non-genuine
Common situations that are not genuine redundancies: you resigned or retired, you were dismissed for performance or misconduct, your fixed-term contract simply reached its end, or you were over age-pension age when let go. In these cases the tax-free base does not apply.
The tax difference in practice
Say two people each receive $40,000 after six years. For the genuine redundancy, the tax-free limit is $13,598 + (6 × $6,801) = $54,404, so the whole $40,000 is tax-free. For a non-genuine payment, there is no tax-free slice — the $40,000 is taxed as an ETP or salary. Same amount, very different net result.
Estimate your redundancy payout
Our calculator applies the 2026-27 tax-free limit, ETP cap and leave rules to a genuine-redundancy payout.
This is general information, not personal advice. For how the taxable parts work, see how a redundancy payout is taxed, and for your entitlements, what you are owed in a redundancy.
Frequently asked questions
Is a voluntary redundancy still a genuine redundancy?
It can be. What matters is that the position is genuinely being abolished and the other conditions are met — not whether you volunteered. Accepting a voluntary offer where the role is being cut generally still qualifies.
What happens if I am over age-pension age?
If you are at or above age-pension age when the role ends, the payment generally cannot be treated as a genuine redundancy for tax purposes, so the tax-free base and per-year amounts do not apply.
Is a genuine redundancy completely tax-free?
Only up to the limit. The base ($13,598) plus $6,801 per completed year is tax-free; anything above that is taxed as an employment termination payment, and unused leave is taxed separately.
How do I know if mine is genuine?
Broadly, the role is gone, the deal is at arm's length, you are under age-pension age, and you are not being re-hired into the same job. If it is borderline, it is worth confirming before you agree to terms.