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SHTax2019(Enthusiast)Enthusiast
24 Jan 2024

My client is a sole trader. The main activity is business development and accounting services. As it is a new business, he and his wife are exploring other trading opportunities as well. The work is done by him, but the wife will help running the business, generate sales and explore opportunity for the business.


To pay wages normally, if I understand correctly, the following needs to be done:

  • register as PAYG withholding employer, and do it though STP
  • register as an employer for Workcover and superannuation and pay for relevant insurances and superannuation
  •  paperwork that must be completed specified by the Fair Work regulations

Does a sole trader who runs business with his wife exempt from all the complication listed above?

Will it work if he pays her as consultant/contractor (not wages) at arms-length rate and the wife report in her tax return under PSI / other income? Both of them do personal contribution to super.






4,808 views
1 replies
4,808 views
1 replies

Most helpful response

Most helpful reply

AlliATO(Community Support)Community Support
29 Jan 2024

Hi @SHTax2019


Sole traders are not exempt and have the same obligations when employing staff as any other business. This includes employing family members.


The employee or contractor will be based on the details within the working agreement or contract that will determine if they are a contractor or employee for tax and super purposes, this can be verbal or written.


Keep in mind if a contractor is paid mainly for their labour, they are employees for superannuation guarantee purposes and super may need to be paid to a fund for them.


You can find more about this on our Super for contractors page. 

All replies

Most helpful reply

AlliATO(Community Support)Community Support
29 Jan 2024

Hi @SHTax2019


Sole traders are not exempt and have the same obligations when employing staff as any other business. This includes employing family members.


The employee or contractor will be based on the details within the working agreement or contract that will determine if they are a contractor or employee for tax and super purposes, this can be verbal or written.


Keep in mind if a contractor is paid mainly for their labour, they are employees for superannuation guarantee purposes and super may need to be paid to a fund for them.


You can find more about this on our Super for contractors page. 

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