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_sarahk(Initiate)Initiate
16 Feb 2021

Hi everyone,

I have just read the PAYG guidelines for performing artists. According to the guidelines - "If a performing artist is contracted to an agency, PAYG withholding and superannuation obligations rest with that agency. You will simply make payment to the agent for the services of the performing artist."

My questions is that as an employer, if I am aware that agent is not witholding PAYG or meeting Super obligations for the artist, will my business be liable? Or is it necessary to have an agreement that I should have with an agent that specifies these obligations?

Thank you for taking out the time to read! :)

2,998 views
2 replies
2,998 views
2 replies

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Most helpful reply

StephATO(Community Support)Community Support
17 Feb 2021

Hiya @sarahk,

The obligation doesn't shift, just because the agent is not doing the right thing. Your contract is with the agent, and they have the relationship with the artist. If the artist was contracted to you directly, it may be a different situation. That being said, if you believe they are doing the wrong thing, please lodge a tip off form through the link provided below.

When the performing artist's agent may withhold.

Tip Off.

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Most helpful reply

StephATO(Community Support)Community Support
17 Feb 2021

Hiya @sarahk,

The obligation doesn't shift, just because the agent is not doing the right thing. Your contract is with the agent, and they have the relationship with the artist. If the artist was contracted to you directly, it may be a different situation. That being said, if you believe they are doing the wrong thing, please lodge a tip off form through the link provided below.

When the performing artist's agent may withhold.

Tip Off.

Liked by _sarahk
_sarahk(Initiate)Initiate
17 Feb 2021

Thank you Steph! I reached out to the Agency to verify that they are meeting PAYG and Super obligations.

As a startup employer - I also wanted to ensure that the right practice is being followed :)

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PAYG and Super for Performing Artists | ATO Community