The ATO classifies contractors paid for their labour as employees for superannuation guarantee purposes. This is the case even if the contractor quotes an Australian Business Number (ABN).
Eligibility requirements Super contributions must be made for these individuals if you pay them:
Under a verbal or written contract that is wholly or principally for their labour- that is, more than half the dollar value of the contract is for their labour
For their personal labour and skills- which may include physical labour, mental effort or artistic effort and not to achieve a result
To perform the contract work personally – they must not delegate.
You do not pay super to a person when you make a contract with someone other than the person who will actually provide the labour, like a company, trust or partnership.
How much to pay The minimum super amount you have to pay is 9.5 per cent of each worker’s ordinary time earnings. For contractors, employees calculate the minimum super amount on the labour component of the contract. The ATO will accept their market values of the labour if the values of the various parts of the contract are not detailed in the contract.
Inactive low-balance accounts (ILBAs) are a new category account that needs to be reported and paid to the ATO. This was introduced in the Treasury Law Amendment (Protect Your Superannuation Package) Bill 2019 that came into effect on 1 July 2019 after first being announced in the 2018-19 Federal Budget.
ILBAs are designed to protect accounts from fee erosion. Where possible, the ATO will proactively consolidate super on behalf of an individual.
A superannuation account is considered an ILBA if the following criteria are met:
No amount has been received by the fund for crediting to that account for an individuals benefit within the last 16 months.
The account balance is less than $6,000.
A prescribed condition of release has not been met.
The account is not a defined benefit account.
There is no insurance on the account.
The account is not held in a self-managed super fund (SMSF) or small Australian Prudential Regulation Authority (APRA) fund.
Funds are required to identify ILBAs on 30 June and 31 December each year, then report and pay them to the ATO by the statement date.
31 October in the same year for accounts identified on 30 June.
30 April of the following year for accounts identified on 31 December.
Individuals that have an account that they do not want to be transferred to the ATO as an ILBA, can consolidate super accounts using ATO online services through myGov, contact their super fund for more information or authorise their super fund to provide a written declaration to the ATO.
