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aehTMV(Initiate)Initiate
14 Aug 2024

Hi,


I have a question in regard to payroll tax. So I outsource my employees from an employment agency. In return, every fortnight the employment agency will invoice me for the wages, super, payroll tax payable, and management fee. Recently, they charge GST on the Payroll Tax (previously they did not).


I asked them about it, they mentioned that due to changes in new FY, GST is now payable on top of the Payroll Tax payable to them since "[u]nder S9-5 of the GST Act, the provision of labour hire services is a taxable supply. In addition, on-charging a cost you incur becomes its own supply under the Act. "


I have been looking for the specific terms in that ruling that mentioned that GST is payable on Payroll Tax if it is payable through third party or employment agency, but unfortunately can't find one.


Are they correct in charging GST on Payroll Tax?


Thank you in advance.

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818 views
2 replies

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Most helpful reply

Matt_ATO(Community Support)Community Support
16 Aug 2024

Howdy @aehTMV,


Under Section 9-5 of the GST Act, the provision of labour hire services is considered a taxable supply. This means that GST is applicable to the services provided by the employment agency.


When the employment agency on-charges costs such as:

  • wages,
  • super and payroll tax.

These become part of the taxable supply. Therefore, GST is applied to the total amount, including the payroll tax.



All replies

Most helpful reply

Matt_ATO(Community Support)Community Support
16 Aug 2024

Howdy @aehTMV,


Under Section 9-5 of the GST Act, the provision of labour hire services is considered a taxable supply. This means that GST is applicable to the services provided by the employment agency.


When the employment agency on-charges costs such as:

  • wages,
  • super and payroll tax.

These become part of the taxable supply. Therefore, GST is applied to the total amount, including the payroll tax.



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Do I pay GST on Payroll Tax I pay to employment agency? | ATO Community