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5years NO PAYG!!

I'm new

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Replies 2

Hi, slight predicament here. I have just found out that for the past 5 years I have worked for my employer they have not paid any tax for me nor have they paid ANY super. They are currently requesting an ABN from me, knowing full well I DO NOT have one. Every payment I have ever received over this time is paid to my bank from my employer and states "WAGES" followed by the company initials. As I provided my employer with my TFN AND SUPER DETAILS on my 1st day of employment and have only just been requested to supply an ABN, WHO is responsible? Simply put, how boned am I?
1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

ATO Certified Response

Former Community Support

Replies 0

Hi @Done-Over,

 

We’re sorry to hear about your situation. There’s a few things you can do to help get your tax and super sorted:

  • You need to be starting or carrying on an ‘enterprise’ (or business) to be eligible for an ABN. Contractors are essentially small businesses that hire out their services to other businesses and are responsible for their own tax and super contributions, whereas employees work for the business and are entitled to certain protections under Australian employment law. @Coffee_unspilt sent a really useful link to our Employee or contractor? tool which will help you work out your employment status for tax purposes. If our tool establishes that you’re an employee for tax purposes, then you’re probably not entitled to an ABN and shouldn’t be treated as a contractor.
  • If you know or believe a business is incorrectly treating employees as contractors, you can report them anonymously through our Tax Evasion Reporting Centre. We can then investigate further and decide if penalties or charges will apply.
  • The unpaid super information @Coffee_unspilt recommended is also really helpful. It takes you through the steps to work out if you’re entitled to super contributions; how to calculate what you’re owed and helps you lodge an investigation. Please note that investigations can take some time – there are a few things we’ll need to look into to process your application.
  • Fair Work Ombudsman can also help provide information and support for your rights at work. Visit their website to find out more about your entitlements and how they can help you in disputes.

 

Thanks.

2 REPLIES 2

Devotee

Replies 0

 

 

Hi there Done-over

 

I can see you feel quite effected by your situation.

 

And this is a difficult and complext situation you are in. We should look into if you should be classifed as a contractor or as an employee.

Take a look here: https://www.ato.gov.au/calculators-and-tools/employee-or-contractor/

And call our busines line if you have any specific questions 16 28 66

 

Should you be classified as an employee your employer has tax and super obligations and we can give advice and work with you taking steps to move foward.

To help you be familiar take a look at: https://www.ato.gov.au/individuals/super/in-detail/growing/unpaid-super/?page=3

First follow the steps and this will work to un-do where required.  Smiley Happy

 

Please note this is my personal view; I’m an ATO employee who chooses to help out here in my own time.

Most helpful response

ATO Certified Response

Former Community Support

Replies 0

Hi @Done-Over,

 

We’re sorry to hear about your situation. There’s a few things you can do to help get your tax and super sorted:

  • You need to be starting or carrying on an ‘enterprise’ (or business) to be eligible for an ABN. Contractors are essentially small businesses that hire out their services to other businesses and are responsible for their own tax and super contributions, whereas employees work for the business and are entitled to certain protections under Australian employment law. @Coffee_unspilt sent a really useful link to our Employee or contractor? tool which will help you work out your employment status for tax purposes. If our tool establishes that you’re an employee for tax purposes, then you’re probably not entitled to an ABN and shouldn’t be treated as a contractor.
  • If you know or believe a business is incorrectly treating employees as contractors, you can report them anonymously through our Tax Evasion Reporting Centre. We can then investigate further and decide if penalties or charges will apply.
  • The unpaid super information @Coffee_unspilt recommended is also really helpful. It takes you through the steps to work out if you’re entitled to super contributions; how to calculate what you’re owed and helps you lodge an investigation. Please note that investigations can take some time – there are a few things we’ll need to look into to process your application.
  • Fair Work Ombudsman can also help provide information and support for your rights at work. Visit their website to find out more about your entitlements and how they can help you in disputes.

 

Thanks.