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amilaA(Initiate)Initiate
25 July 2024

Hi,


We are a Labour hire company and employee people for the duration they are required by the host company. The contract we issue to the candidates say they are a casual employee but with the start and finish date which aligns with the client's need for the candidate.

When we hire them our payroll software classify them as Labour hire and it goes under their Personal services income.

I wanted to confirm if we are recording their income correctly under Personal Services Income or should they be under Income statement.

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3 replies
456 views
3 replies

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Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
27 July 2024

Hiya @amilaA 👋


Fortunately, the ATO has explicit guidance on exactly this topic in their excellent and extensive STP2 Employer Guidance for Income Types. 🤓 You will see the definition of LAB:


Use this income type to report payments by a labour hire firm that arranges for persons to perform work or services, or performances, directly for their clients.


This income type relates to contractors only. It doesn't include amounts paid to employees of labour hire firms. Employees of labour hire firms should be reported as the relevant income type, such as SAW.


Additionally, you will note that because income type LAB is for contractors only, it is only permissible to report payment types of Gross and PAYGW for the contractors. That isn't your situation for these employees. You must correct the reported income from LAB to SAW for employees to ensure their income is treated correctly for their tax returns.


Seek assistance from your payroll product provider if you need to understand the business process you should use in their product to achieve this outcome.


Deanne





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Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
27 July 2024

Hiya @amilaA 👋


Fortunately, the ATO has explicit guidance on exactly this topic in their excellent and extensive STP2 Employer Guidance for Income Types. 🤓 You will see the definition of LAB:


Use this income type to report payments by a labour hire firm that arranges for persons to perform work or services, or performances, directly for their clients.


This income type relates to contractors only. It doesn't include amounts paid to employees of labour hire firms. Employees of labour hire firms should be reported as the relevant income type, such as SAW.


Additionally, you will note that because income type LAB is for contractors only, it is only permissible to report payment types of Gross and PAYGW for the contractors. That isn't your situation for these employees. You must correct the reported income from LAB to SAW for employees to ensure their income is treated correctly for their tax returns.


Seek assistance from your payroll product provider if you need to understand the business process you should use in their product to achieve this outcome.


Deanne





amilaA(Initiate)Initiate
29 July 2024

Hi Deanne,


Thanks you for your reply.


My query was for the candidates we hire based on the requirements for the clients for that specific period of time. Looking at the link you have provided it looks like classifying them as LAB is correct.


But curious as to why you thought it should be corrected to SAW? Is it because our contracts classify them as casual employees?


Thanks.

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