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polo123(Newbie)Newbie
14 Feb 2024

I am employed as a debit/credit real estate agent. This means I get a wage- a gross fiqure minus tax and super each week. This is offset against commissions earnt.

When I have commissions due the employer take off this as a deduction the gross amount I have been paid as a wage.

Meaning they are refunding themselves the tax and super paid when I recieve my retainer. That tax and super they refund themselves doesn't go to the tax office or super fund they just keep it as a reimbursment.

I then pay tax and super on any of my commission earnings which is standard.

My question is can they be reimbursed for the tax and super I have paid from my retainer and if not is that portion actually payable to me as they as a full time employee are required to pay super anyway.

Should the commission be ducted against a bet fiqure and not the gross fiqure.

2,053 views
1 replies
2,053 views
1 replies

Most helpful response

Most helpful reply

AriATO(Community Support)Community Support
20 Feb 2024

Hi @polo123


I'm having a little trouble understanding your arrangement. To put it simply as an employee your employer should be paying super guarantee to your fund and paying your tax to us. They'd work out your super based on your ordinary time earnings. It's hard for us to say what you should be paid and what should be deducted from your commission. I think it might be a good idea to chat to Fair Work to help you determine what your ordinary hours are, and how this type of arrangement should work.

All replies

Most helpful reply

AriATO(Community Support)Community Support
20 Feb 2024

Hi @polo123


I'm having a little trouble understanding your arrangement. To put it simply as an employee your employer should be paying super guarantee to your fund and paying your tax to us. They'd work out your super based on your ordinary time earnings. It's hard for us to say what you should be paid and what should be deducted from your commission. I think it might be a good idea to chat to Fair Work to help you determine what your ordinary hours are, and how this type of arrangement should work.

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Debit/Credit Real Estate Agent QLD | ATO Community