NDIS Sole traders and superannuation

 Author: arnieradja(Initiate)Initiate

14 July 2024

2 different paragraphs in "Work out if you have to pay super":

NDIS plan

You may also have to pay super guarantee for a domestic worker or carer if the following both apply:

• You have a National Disability Insurance Scheme (NDIS) plan that you manage yourself.
• You use your funds to hire a carer or other domestic worker.

Independent contractors

You must pay super for independent contractors if you pay them mainly for their labour. This is the case even if they quote an Australian business number (ABN).

Their earnings amount is not relevant.

But another paragraph says:

Domestic or private workers

A domestic or private worker does work:

• relating personally to you (not to a business of yours)
• relating to your home, household affairs or family – such as a nanny, housekeeper or carer.

You must pay super guarantee on payments you make to domestic or private workers if they work for you for more than 30 hours in a week, regardless of how much you pay them. Their earnings amount is not relevant.

So perhaps a self-managed NDIS plan owner (acting as a private household employer) can defer super guarantee payment if the domestic worker works < 30h/w? Only MUST pay if > 30h/w?

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