ATO Targets Late Superannuation Payers with Hefty Fines

Are you ready to pay up to 200% of the SGC (Super Guarantee Charge)?

In recent months, the Australian Taxation Office (ATO) has intensified its efforts to ensure that employers meet their Superannuation obligations. The focus is squarely on businesses that have been late in paying employee Superannuation contributions, with the ATO not hesitating to impose substantial fines on non-compliant entities. This crackdown serves as a stern reminder to employers about the importance of timely and accurate Superannuation payments. In this blog, we will explore what this increased scrutiny means for businesses and how to stay compliant to avoid significant penalties.

Why Timely Superannuation Payments are Crucial

Superannuation is a vital part of an employee’s remuneration package, and paying it on time is a legal requirement. Employers must make contributions to their employees’ chosen Superannuation funds by the quarterly due dates. Failure to do so can result in severe consequences, including Superannuation Guarantee (SG) Charge Statements, additional penalties, and reputational damage.

Superannuation Guarantee (SG) legislation requires most employers to pay 11.5% (2024/25 financial year) of an eligible employee's ordinary time earnings (OTE) as super on time. An employer can claim these payments as a tax deduction if paid on time, which is currently within 1 month of the end of quarter.  

For example, if you didn’t pay $100,000 in employee Superannuation for the 30 September 2024 quarter before 31 October 2024, then you can not claim this Superannuation expense as a tax deduction which would cost a small business tax payer $25,000 in income tax savings. Plus, the possibility of up to $200,000 in SCG fines plus interest.  Remember also that Director Penalty Notices (DPN) can be applied to unpaid employee Superannuation.

ATO's Recent Actions: What You Need to Know

The ATO has been actively identifying and targeting businesses that have failed to meet their Superannuation obligations. Recent reports suggest that businesses that are habitually late with their Superannuation payments are under increased scrutiny. The penalties can be severe, with fines potentially reaching up to 200% of the outstanding amount.

Steps to Ensure Compliance

• Review your Superannuation obligations: Regularly check your Superannuation obligations and due dates. Ensure that payments are made on time and that the correct amounts are being contributed.
  
  

  Quarter	Period	SGC due date
  Q1	1 July – 30 September	28 November
  Q2	1 October – 31 December	28 February
  Q3	1 January – 31 March	28 May
  Q4	1 April – 30 June	28 August

• Implement payroll controls: Use reliable payroll software that calculates Superannuation contributions accurately and flags any discrepancies.
• Conduct internal audits: Periodically audit your Superannuation payments to ensure that they are up to date and compliant with the law.
• Seek professional advice: If you’re unsure about your obligations, seek advice from an accounting professional who specialises in Superannuation compliance.

Related: Changes for Businesses from 1 July 2024

How Azure Group can help
At Azure Group, we understand the complexities of Superannuation compliance. Our team of experts can help you navigate the intricacies of Superannuation obligations, ensuring that your business stays compliant and avoids unnecessary penalties. We offer tailored solutions for businesses of all sizes, from reviewing current compliance to implementing robust payroll systems that streamline your Superannuation processes. Get in touch.
Related: Setting SMART Goals for the New Financial Year: A Guide for Business Owners

Have you noticed our #FridayExpertTips... here's one that relates to Superannuation

“Superannuation: Make sure any contributions you make are within the contribution caps, so you don’t pay a penalty tax."