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cecer(I'm new)I'm new
20 Nov 2025

Could you please confirm whether my employer's current Australian superannuation practice presents any compliance risk under ATO requirements?


Current practice


Contributions are paid on MONTHLY at 12% of OTE.


monitor against the annual concessional cap (e.g., AUD 30,000 for the current FY). When an employee reaches the annual cap, further employer contributions are paused until the next financial year.


Please advise on:


1) Whether this arrangement could be considered non-compliant by the ATO in light of the quarterly Maximum Contribution Base (MCB) framework (i.e., SG assessed per quarter).


2) Any risk of SG shortfall, SG Charge (SGC) exposure, interest/penalties, or loss of deductibility under our current approach.

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103 views
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PayrollDeanne(Taxicorn)Taxicorn
20 Nov 2025

Hiya @cecer 👋


That may not be correct, as you say, as MCB is quarterly. Each quarter stands alone. If the income paid approaches or exceeds the quarterly cap, there may be minor differences in timings. It depends on the pays in the quarter 🤔


BTW, from 1 July 2026, this is exactly 💯 how super guarantee will work. That is, under Payday Super, MCB is an annual cap 😉


Deanne

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