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Slowbiker(Initiate)Initiate
25 Mar 2024

It has been 9 months since any contributions made. Employees have made complaints online to ATO. Every so often we get a contribution to our fund from ATO. Does this allow them to carry on not paying indefinately??

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4 replies
740 views
4 replies

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Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
25 Mar 2024

Hi @Slowbiker


An employees super must reach the employes fund on or before the quarterly super due dates. See https://www.ato.gov.au/businesses-and-organisations/super-for-employers/paying-super-contributions/super-payment-due-dates


If the employer does not meet this requirement they must submit a Super Guarantee Charge (SGC) charge statement and pay interest plus a fee.


If the employer has failed to do this and is audited the ATO can impose substantial penalties.


Part Payment does not change these requirements.


Toby


All replies

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
25 Mar 2024

Hi @Slowbiker


An employees super must reach the employes fund on or before the quarterly super due dates. See https://www.ato.gov.au/businesses-and-organisations/super-for-employers/paying-super-contributions/super-payment-due-dates


If the employer does not meet this requirement they must submit a Super Guarantee Charge (SGC) charge statement and pay interest plus a fee.


If the employer has failed to do this and is audited the ATO can impose substantial penalties.


Part Payment does not change these requirements.


Toby


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How long can your employer go without paying your super contributions. | ATO Community