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Re: Debit on retainer due to JobKeeper

Newbie

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If I earn no commission for the month, can I go into debit on my retainer as a result of being paid JobKeeper?   (This effectively means I have to repay JobKeeper to my employer)

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Devotee

Replies 0

Hi @James13 

 

If you are entitled to JobKeeper you should get the full jobkeeper to keep.

 

I think this is answered in a slightly different wording by @RenATO in

https://community.ato.gov.au/t5/COVID-19-response/Job-keeper-difference-deducted-from-future-commiss...

 

Hi @josh1,

 

Thank you for getting in touch with us! 

  

If your employer was claiming for and paying you the JobKeeper payment they need to pass on the full amount. It cannot be broken up and classified into different payment types. If they are not doing the right thing you need to report this under fraudulent, phoenix, tax evasion or black economy activity by reporting it to us. 

 

 

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Most helpful response

Devotee

Replies 0

Hi @James13 

 

If you are entitled to JobKeeper you should get the full jobkeeper to keep.

 

I think this is answered in a slightly different wording by @RenATO in

https://community.ato.gov.au/t5/COVID-19-response/Job-keeper-difference-deducted-from-future-commiss...

 

Hi @josh1,

 

Thank you for getting in touch with us! 

  

If your employer was claiming for and paying you the JobKeeper payment they need to pass on the full amount. It cannot be broken up and classified into different payment types. If they are not doing the right thing you need to report this under fraudulent, phoenix, tax evasion or black economy activity by reporting it to us. 

 

 

Initiate

Replies 0

REIV answers this question in their August 2020 Magazine:

 

Should my employer be treating JobKeeper as part of my retainer to be recovered through commission on sales?

 

Under the Real Estate Industry Award salespeople, unless they are employed on a commission only basis, are

entitled to a wage. Their employment agreement should also contain details of how commission will be calculated The retainer debit/credit system is not contained in the Award, it is instead adopted by many agencies as a convenient way to calculate commission entitlement.

 

In regular times the wage paid to a salesperson comes out of the employer's "pocket" and is recovered from the commission the salesperson earns. The salesperson is then paid the amount by which commission earned exceeds the amount that has come out of the employer's pocket.

 

Under JobKeeper,  a  portion  of  the wage each fortnight comes from the government rather than the employer, so if the employer "recovered" it they would be recovering something which has not been an expense to them and in effect they would not be passing on the JobKeeper payment to the employee.

 

The ATO is working to ensure the integrity of JobKeeper and among the fraudulent behaviours they have

identified is employers not passing on the run JobKeeper payment to employees.

 

https://issuu.com/eamagazine/docs/ea_august_2020_web/18