Why does the ATO allow employers to hold back employee super payments for up to 3 months past the quarterly dates on their own website? Why do the dates exist in the first place if employers can disregard them, and why don't employees get compensated interest when their super payments do not land in their super funds for months and months after the date they are supposedly meant to be paid?
Is this just another case of the ATO being incompetent?
Why does the ATO allow employers to hold back employee super payments for up to 3 months past the quarterly dates on their own website?
No - Super has to be paid within 28 days of end of quarter.
That is the law.
If you mean up to 3 months from the start of the quarter, that is closer to the facts.
If employer pays late, then SGC return is required - and that does require extra to paid as interest for late payment.
Thank you for your reply Bruce4Tax - let me just clarify this if you don't mind.
Below are the Super Payment due dates on the ATO website:
Quarter 1
1 July – 30 September (due 28 October)
Quarter 2
1 October – 31 December (due 28 January)
Quarter 3
1 January – 31 March (due 28 April)
Quarter 4
1 April – 30 June (due 28 July)
So let's use Quarter 1 as an example. Payment is due 28 October for the period of 1 July – 30 September. It's now November 30 and I have not received a Super payment into my super fund. My employer just says "it's been processed". They say that every quarter. There's has been no payments in my super since early September, and that was for Quarter 4 of the previous year, so was due 28 July.
This is status quo for my employer, so I lodged a complaint to the ATO. They told me recently they have been "advised that my super is up to date". So I called them and they basically said, they understand my frustration, but there's nothing they can do and they closed the ticket.
However the first time I called them, when I went through this whole issue, they told my the funds were indeed meant to land in my super account on the due date or sometimes, possible the day after due to bank transfers. They told me my employer was indeed not fulfilling their obligation and that I should lodge a complaint, which I did. SO seems to me the ATO makes things up as they go, or their employees are not fully informed. In any case they essentially told me there's nothing they can do about it and I can send a written complaint via post if I wish. Why do I have to go to such pains just to get my super paid on time? Every day that goes by that it's not in my super fund, I am losing potential gains, interest etc..
So my question again is, if you say it's the law, why is the ATO allowed to break the law by turning a blind eye to employers paying Super up to 3 months late every quarter?
Thanks again for your time.
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