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AlexIT(I'm new)I'm new
28 July 2022

I work as a contractor in IT. I work solely for a big company who contracts my time through Clicks IT Recruitment. This sort of arrangement is industry standard.


We (contractors) have been told we can no longer make pre-tax voluntary super contributions like any other employee can. I felt their answer was a little odd though and I'd like to check if they are correct about this being an ATO led change as I can't find any reference to it on your website.


Can you please confirm one way or another thanks?


Their email referring to the charge reads:


Due to changes in Australian Taxation Office reporting regulations (specifically in respect of the implementation of ATO’s STP Phase 2), labour hire providers are now no longer able to provide independent contractors (who are recipients of Personal Services Income, rather than salary/wages) with the ability to enter into salary sacrifice arrangements (e.g. for superannuation or for work-related electronic devices) whilst complying with these new ATO reporting regulations.

 

Therefore, the current salary sacrifice arrangement you have in place will now unfortunately need to be discontinued.

 

In respect of superannuation; the option for you to make additional superannuation contributions from your post-tax earnings still remains (and, depending upon your circumstances, you may be able to claim a tax-deduction for these when completing your 2022/23 tax return).

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1,475 views
3 replies

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PayrollDeanne(Taxicorn)Taxicorn
28 July 2022

Hi @AlexIT


It's all about determining the nature of the employment/engagement relationship. If you are a contractor through a labour hire company, then here are the rules specifically set out in very precise terms by the ATO.


This would be income type LAB for labour hire (contractors only) where you can see that only gross and PAYGW is reportable.


Salary sacrifice is only possible between employers and their employees, as it only relates to Salary and Wages. 😉


Deanne

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AlexIT(I'm new)I'm new
28 July 2022

Just to be clear about my situation in contracting I:

  • am paid on an hourly basis
  • use mainly the client’s equipment and other resources (including a provided laptop)
  • works under the direction of the client and is not liable to rectify any faulty work


Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
28 July 2022

Hi @AlexIT


It's all about determining the nature of the employment/engagement relationship. If you are a contractor through a labour hire company, then here are the rules specifically set out in very precise terms by the ATO.


This would be income type LAB for labour hire (contractors only) where you can see that only gross and PAYGW is reportable.


Salary sacrifice is only possible between employers and their employees, as it only relates to Salary and Wages. 😉


Deanne

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Are contractors in IT no longer able to make pre-tax voluntary super contributions? | ATO Community