The legislation to pass the government’s proposed amnesty for super guarantee has failed to pass the senate in the June 2018 sittings. Therefore, the measure will not pass (if it passes at all) until at least the August 2018 sittings.

It is important for employers to note that the amnesty is not yet law and that any voluntary disclosures to the ATO may not be covered by the amnesty concessions (including that any super guarantee charge will be deductible). The ATO has confirmed that it is bound to apply the current law until such time the legislation is passed.

Another important consideration is that the 12 month amnesty is currently proposed to run from 24 May 2018 to 23 May 2019. This means that, if the legislation passes in August 2018, 3 months of the amnesty will be lost. Hopefully, the 12 month period will commence from the date the legislation passes.

So where does that leave employers affected by this measure? It is recommended that any employer that is considering coming forward during the amnesty should start reviewing their positions now so that they are ready to go once (if) the legislation passes.

To discuss this further or for more information please contact:

Phil Broderick
Principal
Sladen Legal
T +61 3 9611 0163 l M +61 419 512 801
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia
E: pbroderick@sladen.com.au

Ashleigh Eynaud
Lawyer
Sladen Legal
T +61 3 9611 0129
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia
E: aeynaud@sladen.com.au