This paper has been built on a previous paper on the superannuation guarantee (SG) regime, titled Super Guarantee – no longer the toothless tiger. That paper was designed to take a holistic examination of the SG regime. In this paper, we have built on that approach and added a number of developments, including:
High Court’s recent decisions on employee/contractor divide
Recent Court’s decisions on super guarantee and contractors
Employee’s right to claim unpaid super
Government’s payday super announcement
The authors apologise if this paper is a little disjointed because of that approach…
The ATO’s administration and enforcement of the SG regime has seen significant development over recent years leading up until 2021, the year of our previous paper on SG. The SG Amnesty, which offered employers a unique opportunity to disclose and pay previously unpaid SG charge (SGC), including nominal interest, for the quarters between 1 July 1992 to 31 March 2018 without incurring the administration component ($20 per employee per quarter) or under Part 7 of the Superannuation Guarantee (Administration) Act 1992 (SG Act) (Part 7 penalties), has come and gone.
The full paper is available to Sladen Smart Members sign up/login here to continue reading.
