Superannuation Guarantee Rate Change to 10% from 1 July 2021 – Employer’s Guide

What is Superannuation Guarantee?

The Superannuation Guarantee (SG) is the minimum percentage of a salary that an employer must contribute to an employees super fund. This percentage is legislated by The Australian Government and is controlled by the ATO.

The current SG percentage rate is 9.5% of employees “ordinary time earnings” or commonly known as OTE.

The SG percentage rate will change to 10% from 1 July 2021.

What is OTE?

Ordinary Time Earnings (OTE) is generally what your employees earn for their ordinary hours of work. It includes commission, loadings, allowances. It does not include overtime or reimbursements.

Who is eligible for superannuation?

Generally, superannuation contributions must be paid for, except:

  • aged under 18 years of age and working 30 hours or less per week;
  • non-resident employees paid for work done outside Australia;
  • resident employees paid by non-resident employers for work done outside Australia;
  • covered by bilateral superannuation agreements with other countries;
  • certain senior foreign executives who hold certain visas or entry permits;
  • paid to do work of a domestic or private nature for not more than 30 hours per week (part-time nanny or housekeepers for your personal home);
  • members of the various Defence Forces (the Defence Forces has a scheme called Military Super);
  • high-income earners with multiple employers who have ATO approval to opt-out of receiving super with an exemption certificate for a specific period of time.

What is changing?

The Superannuation Guarantee rate is increasing to 10%, effective 1 July 2021 and will then continue to increase until it reaches 12% on 1 July 2025.

PeriodSuperannuation Guarantee (SG) %
1 July 2018 – 30 June 20199.50%
1 July 2019 – 30 June 20209.50%
1 July 2020 – 30 June 20219.50%
1 July 2021 – 30 June 202210.00%
1 July 2022 – 30 June 202310.50%
1 July 2023 – 30 June 202411.00%
1 July 2024 – 30 June 202511.50%
1 July 2025 – 30 June 202612.00%
1 July 2027 – 30 June 2028 and onwards12.00%

Source: https://www.ato.gov.au/rates/key-superannuation-rates-and-thresholds/?anchor=Superguaranteepercentage

Are contractors and self-employed business owners eligible for the Super Guarantee?

The law provides that contractors may need to be paid the SG if the service they provide is based on time, rather than an outcome. In addition, the work needs to be carried out by the contractor personally rather than by another company, trust or partnership.

The ATO offers a handy employee/contractor decision tool designed to help you decide whether you should treat a particular worker as an employee or contractor more generally.

For superannuation guarantee purposes, you can use its superannuation guarantee eligibility decision tool to help deduce whether you will need to pay SG contributions for the contractor.

If you’re a business looking to be proactive in meeting the new superannuation changes, get in touch with us at admin@simprotax.com.au

Employer’s Guide for Superannuation Guarantee

Due dates for SG Charge and SGC Statement

When you make SG contributions on behalf of your employees, your payment must be made in full by the quarterly due date, which is 28 days after the end of each financial quarter.

If you don’t meet this payment deadline, you are required to lodge an SGC Statement and pay the SGC by the due date in the following calendar month (see table).

QuarterPeriodSG contribution due dateSG statement & charge due date
11 July – 30 September28 October28 November
21 October – 31 December28 January28 February
31 January – 31 March28 April28 May
41 April – 30 June28 July28 August

If you know you will be unable to lodge your SGC Statement or pay the SGC by the due date, you can apply to the ATO for extra time.

Applications for an extension must be in writing and state why you need the extension. They must also be received by the ATO before the due date. Nominal interest will continue accruing until you lodge, with the general interest charge applying from your deferred payment date to the day you pay the SGC in full.

What are the SGC and SGC Statement?

If you do not pay super contributions for your employees by the quarterly due dates – or do not pay the full amount – you are required to pay an SG Charge (SGC).

You are also required to lodge an SGC Statement with the ATO. And to top it off, you are ineligible to claim a tax deduction for your SG contributions against your business income.

The SGC has three components:

  1. SG shortfall amount (including any choice liability), which is when you do not pay the full SG contribution for your employee. It is calculated using your employee’s salary or wages (not their ordinary time earnings)
  2. Interest on this amount,with thecurrent interest rate being 10%.
  3. Administration fee of $20 per employee, per quarter.

To report and rectify missing SG payments, you are required to lodge your SGC Statement by the due date (see below) and pay the outstanding SGC amount.

Even if you pay only a few days or weeks late, you still need to lodge an SGC Statement and pay the balance of the SGC.

If you’re a business looking to be proactive in meeting the superannuation requirements, get in touch with us at admin@simprotax.com.au

Single Touch Payroll (STP) Phase 2 – What You Need to Know

What is Single Touch Payroll?

Single Touch Payroll (STP) legislation requires employers to report wages, PAYG withholding, and superannuation information directly to the ATO using an online payroll system. It was introduced by the Australian government in 2018 as a way to encourage small businesses to be more compliant in the way they report superannuation or PAYG instalments to employees.

Is Single Touch Payroll Compulsory?

Yes.

Single Touch Payroll (STP) reporting has been compulsory for small businesses (those with 20 employees or less) since July 1, 2019.

STP has been compulsory for employers with over 20 employees since July 1, 2018 – but by now everyone should be involved.

What is Single Touch Payroll Phase 2?

STP phase 2 aims to streamline the reporting obligations for the payer and payee and remove the need for manual reporting to other government agencies. 

With this, phase 2 will bring more complex reporting and therefore like phase 1, businesses and vendors will have to prepare for the challenges of the next roll-out.

Key changes in Phase 2

The additional information you need to report should already be captured in your current payroll software.

The key changes to the STP report include:

Disaggregation of gross income

Your STP report will separately itemise the following components of the gross amount:

  1. Allowances
  2. Bonuses and commissions
  3. Director’s fees
  4. Overtime
  5. Paid leave
  6. Salary sacrifice

Allowances

The expanded STP report will now report all allowances separately, such as:

  1. Cents per km vehicle costs
  2. Overtime meals
  3. Travel
  4. Tools
  5. Tasks
  6. Qualifications and certificates

Employment Conditions

You will provide extra employment conditions information, such as:

  1. Cessation date and reason
  2. Employment basis
  3. Tax treatment

As you provide detailed information, this means that you will no long need to send TFN declarations to the ATO.

Paid leave

Paid leave will no longer be incorporated as part of gross earnings when reporting earnings via STP. Rather, paid leave will be reported using itemised leave type codes.

What happens if I do not comply with Single Touch Payroll?

There is a $210 fine every 28 days that a Single Touch Payroll report is overdue. This can accumulate up to a maximum value depending on the size of the business. These are:

•             $1,050 for small businesses

•             $2,100 for medium businesses

•             $5,250 for large businesses

•             $525,000 for significant global entities

Get ready for Single Touch Payroll Phase 2

Ensuring you’re with a reliable software vendor that will be ready for the mandatory start date is key for STP success. Our awesome team is already working on the phase 2 STP changes to ensure new reporting requirements are ready for January 2022.

If you’re a business looking to be proactive in meeting STP phase 2 requirements, get in touch with us at admin@simprotax.com.au