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Richard1052(Newbie)Newbie
23 June 2026

Hi,


Recently my wife hired a contractor that is deemed an employee for super guarantee (SG) contributions so we are obligated. The contractor has invoiced with super amount in the total. We have withheld the super and have notified them that we should be paying directly to their superfund. They aren't happy and demanded that we pay the full amount directly to their bank account.


We have sent request for information but they have gone quiet and refused to provide the information of their superfund account. We only have their name, ABN and postal address. I have requested a stapled superfund request from the ATO but they haven't replied. I am unable to provide TFN or the contractor's date of birth. What can be done in this situation?


FYI, this seems very unfair and it's taking time away from our other responsibilities. On top of that, we are going away for a couple of weeks. It is also payday super around the corner.

32 views
2 replies
32 views
2 replies

All replies

PollyATO(Community Support)Community Support
24 June 2026

Hi @Richard1052,


You've done the right thing by requesting a stapled super fund from us. This is the appropriate step to take where a worker is entitled to super and hasn't provided a super fund choice.


This request usually requires sufficient information about the worker to identify them. If you don't have enough info to complete the request, document your attempts to obtain the required details from the contractor. Keep records of your requests for the contractor's super details and any responses received.


Contractors aren't always included in Single Touch Payroll reporting, you may not have an employment relationship established in our systems. In this case, you need to request the contractor's stapled super fund details using the secure mail function in ATO online services.


To submit your request through online services, you'll need to:

  • select Topic: Pay as you go
  • select Subject: Withholding – forms – superannuation
  • include in Description: reference to 'Stapled super fund request for independent contractor'
  • attach the written contract signed by both parties for the contracting arrangement
  • attach a completed and signed Contractor stapled super fund request form (NAT 75404).

If, after completing these steps, you are still unable to obtain valid super fund details in time to meet your SG obligations, you should pay the super amount into your nominated default super fund so you remain compliant.

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How Do I Pay Super for a Contractor Who Won’t Provide Super Fund? | ATO Community