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Mark_G(Initiate)Initiate
7 Dec 2022

Hi, we discovered that we have not paid superannuation for a contractor that is classified as an employee for SG purpose. We are completing the SGC statement for the contractor. With Choice liability column, do we need to calculate the choice liability? We have not provided a Standard choice form to the contractor yet as we thought the superannuation levy did not apply. We will provide a Standard choice form to the contractor once we lodge the SGC statement.

1,958 views
5 replies
1,958 views
5 replies

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JodieR_ATO(Community Support)Community Support
9 Dec 2022

*Edited by Moderator to correct information provided - 15/12/2022*


Hi @Mark_G,


The choice liability is up to $500 per employee per notice period. The notice period for an employee starts on the later of either:

  • 1 July 2005
  • the day on which the employee is first employed by the employer
  • the day after the preceding notice period has ended.

A notice period ends when you're issued with a notice of assessment which includes the choice liability.


The choice liability doesn't apply if:

  • you provide an employee with a choice form
  • the employee doesn't nominate a super fund
  • the Commissioner advised there is no stapled super fund for that employee (when the stapled fund rules apply)
  • their super guarantee payments go to the default super fund.

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Bruce4Tax(Taxicorn)Taxicorn
7 Dec 2022

We have not provided a Standard choice form to the contractor yet as we thought the superannuation levy did not apply


Understandable, but that means choice liability applies.


Mark_G(Initiate)Initiate
8 Dec 2022

Thank you for the reply. If we had not paid super for two quarters, does it mean that we will need to pay the choice liability for each of the quarter for a maximum amount of $500 in each quarter?

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