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Staying ‘super’ compliant

Employers have a legal responsibility to pay eligible employees superannuation to provide for their retirement. And although most employers do the right thing, some do try to bend the rules which can see them facing hefty penalties.

Employees are entitled to superannuation if they are paid $450 or more before tax in a calendar month, this is known as the super guarantee (SG).

To remain complaint, employers must pay SG quarterly using SuperStream. Not paying on time or not paying the right amount may mean you need to pay the super guarantee charge (SGC) and you cannot claim a tax deduction for super payments.

Additionally, employers must report and rectify missed, late or underpaid SG contributions by lodging an SGC statement by the due date.

The ATO reminds employers who are able but unwilling to meet their obligations that they are breaking the law. Firm compliance action is taken for employers who:

– Repeatedly fail to pay the correct amount of SG
– Attempt to obstruct the ATO’s ability to determine an SGC liability
– Repeatedly fail to keep appointments
– Repeatedly fail to supply information that is irrelevant, inadequate or misleading
– Engage in any culpable behaviour to delay the provision of information.

The compliance history of an employer will determine the action of the ATO and the penalties to be applied.

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News

Proposed measures to increase retirement savings 

December 11, 2019

Currently, people aged 65 to 74 can only make voluntary superannuation contributions if they meet the ‘work test.’ This means they must report themselves to be working a minimum of 40 hours over a 30 day period within the financial year to qualify.

The government has proposed that from 1 July 2020, individuals aged 65 and 66 will be able to make voluntary concessional and non-concessional superannuation contributions without meeting the work test. This approach will enable participants nearing retirement to increase their superannuation savings regardless of their working arrangements.

As well as this, the government also proposes to increase the age limit for receiving spouse contributions from 70 to 74, to be implemented on 1 July 2020. Currently, people aged 70 and over cannot receive any contributions made by another person on their behalf, and the change will give older Australians greater flexibility to save for their retirement.