ATO amnesty for SG ends 7 September 2020

The ATO super guarantee (SG) amnesty was established to help employers who had fallen behind on super payments to catch up without incurring a penalty or paying administration fees. This amnesty ends on 7 September 2020.

Eligibility 

To be eligible for the amnesty, the unpaid super must be for a quarter between 1 July 1992 and 31 March 2018, you have not already disclosed the shortfall to the ATO, and the shortfall must not already be under examination by the ATO. You can either pay in full or set up a payment plan to continue qualifying for the benefits of the amnesty.

Application

Lodge one approved SG amnesty form for each quarter by 11.59pm (AEDT/AEST) 7 September 2020 and complete the declaration to confirm you're applying for the amnesty.

Once you've lodged your application using the mail function in the ATO Business Portal, the ATO will advise you which quarters are eligible for the amnesty.

ATO information page

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What is the Super Guarantee Charge?

What’s the difference between SG payments and the SG Charge?

Many employers confuse the Super Guarantee (SG) with the Super Guarantee Charge. They are different.

The Super Guarantee is the regular compulsory employer contribution to its employees’ super funds – a minimum of 9.5% earnings for most employees.

The Super Guarantee Charge is the penalty imposed by the ATO if the correct super isn’t paid on time. The Super Guarantee Statement is an ATO form for use if the correct super isn’t paid on time.

How much is the Super Guarantee Charge?

The fine, or penalty, for late super is called the Superannuation Guarantee Charge and is calculated based on how much you owe. It includes:

  • the shortfall amount (the contributions not paid or paid late),
  • interest of 10% per annum, and
  • an administration fee.

The SG Charge is based on the employee’s salary and wages, which may be greater than their OTE.

  • Are the payment dates the same?

    No. The quarterly payment dates for regular super and the Super Guarantee Charge are different. Usually the deadline for the SG Charge is one month after the quarterly due date for the regular Super Guarantee payments.

  • What do I do if I am late?

    The first thing to do is pay outstanding super as soon as possible. Then, you’ll need to notify the ATO via a Super Guarantee Statement, and the ATO will work out your Super Guarantee Charge.

  • Is the Super Guarantee Charge tax deductible?

    No. The Super Guarantee Charge is not tax deductible. What’s more, directors of companies can be held personally liable for the penalties.

  • How can I avoid the Super Guarantee Charge in the future?

    Have a chat to our specialists at TWUSUPER by calling 1800 222 071 between 8am and 8pm (AEST/AEDT) weekdays or see our Account Managers page to get in touch with your state account manager. We know that super errors can happen and we’re happy to help you sort out your super systems so it all happens more easily.

  • Who is TWUSUPER?

    TWUSUPER is the Industry Super Fund for people in transport and logistics - the people who keep Australia moving. We exist only to benefit our members, and have been helping employers manage employee super since 1984. We currently manage over $5 billion in assets.

General advice on this website has been prepared without taking into account your objectives, financial situation or needs. Before acting on the advice, consider its appropriateness. Refer to our Product Disclosure Statement (PDS). The PDS is relevant when deciding whether to acquire or hold a product.

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