Unpaid super from your employer

If you think your employer isn’t paying your super contributions, follow the steps below:

  1. Am I entitled to super? – you should confirm that you’re entitled to super before taking any further steps.

  2. Go to ATO online via myGov to view super contributions that have been paid into your super fund by your employer. If your employer has commenced Single Touch Payroll reporting, you can check if your super has been paid into your super fund. Your employer will tell us how much super they’re required to pay to your fund.

  3. Use the Estimate my super tool if you’re unsure how much super your employer should be paying.

  4. Talk to your employer. Ask them how often they’re currently paying your super, which fund they’re paying to and how much they are paying.

  5. Confirm how much your super fund has received by checking member statements from your super fund.

  6. Lodge an enquiry. If you’ve completed all of the steps above and still believe your employer isn’t paying enough (or any) super – or isn’t paying to your chosen fund, you can report your employer using our online tool.

 Unpaid super from your employer

Our collection approach to unpaid super

If your employer doesn’t pay the minimum amount of super into the correct fund by the due date, they may have to pay the super guarantee charge (SGC).

The ATO may investigate an employer’s super guarantee compliance on their own initiative or in response to an employee enquiry. If they determine that your employer (or former employer) has not complied with their SG obligations for you, or the ATO reasonably suspects this to be the case, they may disclose details of this to you.

From 1 April 2019, the law allows the ATO to disclose an employer’s non-compliance to affected employees even if they haven’t lodged an enquiry.

The ATO prioritise the collection of unpaid SGC debts. They work with employers who engage with them to address their debt. For those that don’t engage, they’ll take stronger action. This can include:

If you’ve chosen to report your employer, the ATO will keep you updated throughout the investigation. If they establish there is an SGC debt, they’ll inform you of the recovery actions they’re taking.

If they commence an investigation into your employer and you haven’t lodged an enquiry with them, they may notify you of the review. If you receive this notice, you don’t need to take any action; they will advise you of the outcome when the investigation is complete.

Any SGC they collect from your employer is distributed to your super fund.

Contact us today if you would like to find out more about your super contributions on 03 9553 0271.

Source: ato.gov.au
Reproduced with the permission of the Australian Tax Office. This article was originally published on https://www.ato.gov.au/Individuals/Super/Growing-your-super/Unpaid-super-from-your-employer/

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Authorised Representative 298494
Interprac Financial Planning Pty Ltd 

Darryl Jopling

Senior Adviser

I have worked in the financial services industry since 1982 and as a Financial Adviser since 1999.

I have worked for large Financial Planning businesses, Membership based organisations and looked after the financial planning needs of clients within an Accounting Practice before starting my own business.

I am married, have 4 older children and a grandson and I am keen golfer with mixed results like many .

I have been through many of the strategies I talk with clients about myself and with my family.

I have been through the journey of seeing my parents move into Aged care and negotiated the difficulties and pitfalls of understanding the system for them and this gives me an excellent insight into what is required to assist families at this difficult time.

In a previous roll I used to run retirement seminars looking at Centrelink and Retirement Incomes and how to make these work for you. I have helped many of my clients with Aged Care advice when their parents needed to move into Nursing Homes. For many clients I assist them with superannuation, building wealth and protecting their loved ones with insurance.

I am supported by his, Licensee, Interprac Financial Planning’s in-house resources and ongoing technical, systems and training.

I am committed to understanding your needs and identifying strategies and products to help you achieve your goals.

My guiding principle as an Adviser is to design plans which help to provide my clients with clarity of purpose and the opportunity to build a solid financial foundation.
I will take the time to listen, explain things clearly and keep you informed throughout the advice process.

My experience is complemented by professional qualifications including:

  • Certified Financial PlannerTM Professional
  • Diploma of Financial Planning

At Choice Financial Advice we work with you along the way on life’s journey.

Whether you are getting married, starting a family, embarking on the trip of a lifetime, planning to enjoy your years after work or assisting elderly parents with Aged Care and Nursing Home placements, we can help.