Super and Tax

[#1]

I found out today that my husband’s employer has not been paying my husband’s Superannuation or TAX (he’s been working there since August 2018.)

After many attempts of asking for payslips from my Husband’s employer, my husband still hasn’t received any.

What is going to happen to my husband in a few weeks time when he isn’t able to give a TAX return because he ‘technically’ hasn’t been paying TAX? Will he get fined and have to pay back the money?

Or is it his employer who will get the slap on the wrist?

[#2]

I would ring the ATO and explain it to them.

Read https://www.superguide.com.au/boost-your-superannuation/employer-hasnt-paid-my-super for non-payment of super

You can still lodge your tax return with zero tax, it will calculate the amount you owe them and then you pay it to the ATO.

They probably won't issue a Payment Summary (Group Certificate) so If not just use info from bank deposits.

You could also check your myGov account to see if they have included any information regarding payments under STP

It's not your husband's fault so he won't get fined but will have to pay tax when he lodges his tax return.

Like I said report it to the ATO.

[#3 · Accepted solution]

Hi @Lahrateigh, 

Welcome to our Community!

As advised by @macfranboy, your husband can report unpaid super from his employer using our online form or by phoning us on 13 10 20 between 8am - 6pm, Monday to Friday.

If no tax has been withheld from his payments he'll still need to lodge an income tax return and will end up an amount to pay. If he's unable to pay by the due date, he can enter into a payment paln online via myGov or by phoning us on 13 11 42 between 8am - 6pm, Monday to Friday to speak with an operator. 

Thanks, JodieH.