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2 May 2026

Hi there, if a veterinarian has an ABN (sole trader) and is employed as a contractor, including a signed contract that states superannuation will not be paid, is there a requirement from employer to pay super in the following circumstances;

  • work hours are set but work flow is varied (retainer paid and then per call)
  • work phone is provided
  • work computer not provided
  • work cannot be delegated to another person
  • materials are not required for the role

Thank you



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3 replies
35 views
3 replies

All replies

PayrollDeanne(Taxicorn)Taxicorn
2 May 2026

G'day @Vetcontract ๐Ÿ‘‹


There are two important factors to consider in these circumstances (click on the hyperlinks):


  1. Employee vs Contractor - has the worker been correctly classified as an independent contractor? If yes, then next factor. If no, then this needs to be addressed, regardless of any myths that were "understood". Penalties apply if businesses get it wrong ๐Ÿค“
  2. Super for Independent Contractors - the SG legislation extends the definition of "employee" for super guarantee purposes, to include many independent contractors. No "contract" can override the legislative obligations of every employer ๐Ÿ˜‰ Penalties for failing to offer a Choice of Fund or to pay in full, on time, to the right account apply if businesses get it wrong ๐Ÿซฃ

Read through the hyperlinked guidance I have provided and determine how it applies to your circumstances ๐Ÿ€


Deanne

2 May 2026

Thank you Deanne,

My understanding from the second link you provided is-

If my contract is wholly for the skills I provide then I am an employee for SG purposes and super must be paid.


Does this apply to the previous 3 years?


I can see that changes were made in 2022


Thanks again



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Superannuation requirement for veterinarians employed as contractors | ATO Community