Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
avtek(Newbie)Newbie
4 Feb 2023

Hello all,


Hoping someone could clarify this for me.


I have been working for my employer doing admin/payroll tasks for about 12 years. During Covid and working from home, my workload was reduced so I registered for an ABN & GST and started doing some freelance work and also a casual job as a contractor on the side. After COVID, my employer has decided some of us can continue working from home, doing as much or as little hours we like so long as the work is done each week, for the same fixed weekly pay. I have been taking advantage of this and working nights, while continuing my casual contractor job during the day. Some weeks it takes me the full 38 hours, but most weeks I get my work done in 20-30.


Whilst it is great that I have such flexibility, this has made my tax return just that little bit too complex where I have to split everything into % of work related, abn related, or personal use and will just make my BAS prone to possible error.


What I want to do is change my employment at my main employer to an independent contractor agreement, so all my work-related expenses just go under my ABN, no splitting, no confusion. My employer is happy to do whatever works for me, so long as the rate of pay remains the same.


While I do use my own computer, internet, etc at home, from what I gather using the decision tool on the ATO website, I am still an employee for tax purposes. Does this mean I am not permitted to do this? Or does the employer just need to pay me super on top of my fortnightly invoice?


4,253 views
1 replies
4,253 views
1 replies

Most helpful response

Most helpful reply

CaroATO(Community Support)Community Support
6 Feb 2023

Hi @avtek,


Let's keep this simple.


You and your employer can explore the option of you no longer working for the company as an employee. You'll either resign or be given a redundancy for example. This way you've the opportunity to look at starting a new relationship as a sole trader.


Depending on the type of work you do, you employer may need to pay you Super as a contractor. You maybe regarded as an employee for Super purposes.

All replies

Most helpful reply

CaroATO(Community Support)Community Support
6 Feb 2023

Hi @avtek,


Let's keep this simple.


You and your employer can explore the option of you no longer working for the company as an employee. You'll either resign or be given a redundancy for example. This way you've the opportunity to look at starting a new relationship as a sole trader.


Depending on the type of work you do, you employer may need to pay you Super as a contractor. You maybe regarded as an employee for Super purposes.

Loading
Changing from full time to contractor | ATO Community