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keyurh18(Newbie)Newbie
31 Jan 2023

Hi Team,

I have started working in Australia since March-2017. My Employer is India based and they have Business here. My Employer does not provide Superannuation Here and instead they give PF in India and deduct from Australia Pay.


from this Financial year, they are showing overseas PF(Super) as a Salary Sacrifice here as it is getting deducted from salary. However, since last six years they have not shown that amount as salary sacrifice. So, the amount is deducted from salary and also paid taxes. I have asked the same questions to my employer but no response. I have contributed around $6000 each year since last six years. So, I have paid taxes on $36,000 over last six years which i should not be charged.


How can i get this employer error. Is there a official way to lodge this complaint to ATO /Fair Work if employer does settle this tax issues.

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5 replies
634 views
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JodieR_ATO(Community Support)Community Support
2 Feb 2023

Hi @keyurh18,


The obligations for your overseas employer are listed under Dept of Home Affairs - hiring an overseas worker which you can view from here. In regard to paying super guarantee did you request to salary sacrifice into a provident fund in India? They'd still need to meet the requirements for paying an Australian employee. If they have an ABN no' here, you may be able to lodge an unpaid super inquiry. If not, you may need to speak with Fairwork in regard to working for an overseas employer.


You can also view the SG information under Non-resident employer.

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Most helpful reply

JodieR_ATO(Community Support)Community Support
2 Feb 2023

Hi @keyurh18,


The obligations for your overseas employer are listed under Dept of Home Affairs - hiring an overseas worker which you can view from here. In regard to paying super guarantee did you request to salary sacrifice into a provident fund in India? They'd still need to meet the requirements for paying an Australian employee. If they have an ABN no' here, you may be able to lodge an unpaid super inquiry. If not, you may need to speak with Fairwork in regard to working for an overseas employer.


You can also view the SG information under Non-resident employer.

keyurh18(Newbie)Newbie
3 Feb 2023

@Jodie_ATO


Thanks for your reply. Yes. I have signed a document which says Employer will give Provident Fund in India not Super in Australia. However, this is not an issues. Employer has started showing salary sacrifice from this Financial year for the amount i contributed in India PF. It means, it has reduced tax on take home salary at Australia. However, since last six year they have not shown as salary sacrifice. So, I have paid taxes on Provident Fund contributions.

How can this be managed?

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