Check you understand your super obligations
Meeting your super obligations as an employer means you’re contributing towards the financial future of your workers.
As an employer you have obligations to pay super guarantee (SG) on time, to the right fund and at the correct rate.
This video explains your super obligations so you can avoid additional paperwork, charges, or penalties.
Media: Super for employers
https://tv.ato.gov.au/ato-tv/media?v=bi9or7odhi4umoExternal Link (Duration: 2:30)
Super guarantee eligibility
Generally, all workers are eligible for SG. There are additional eligibility rules for workers that are:
- aged under 18 years old
- domestic or private workers
- independent contractors
- international workers
- self-employed.
It's important to correctly classify your workers to avoid outstanding tax and super obligations.
Check: Pay super for the correct workers
Have you determined:
- which workers are eligible for super contributions?
If you're still unsure use our Superannuation guarantee eligibility decision tool. - if any independent contractors are eligible for super contributions?
- if you have workers overseas?
Consider if you should apply for a certificate of coverage so you don't have to pay super in two countries. - what payments are considered ordinary time earnings (OTE)?
This could include commissions, shift loading and allowances.
Check: Select the right super fund to pay your workers
Make sure you have offered your eligible workers a choice of super fund within 28 days of their start date. Have you:
- provided your workers with a Superannuation standard choice form?
This form allows your workers to tell you their choice of super fund. - requested your workers stapled super fund details if they do not make a choice?
- selected your default super fund if your worker does not have a stapled super fund and hasn't chosen a fund?
- provided your workers TFN to their fund, once selected?
- understood how to pay super and ensured you're paying to a complying fund or retirement savings account (RSA)?
Pay and report electronically
You'll need to work out how much super to pay your workers.
The current SG rate is 11.5% of your eligible workers OTE and will increase to 12% on 1 July 2025. Make sure payments to eligible workers on or after 1 July reflect the current rate. For the quarter ending 30 June 2024, apply the 11% SG rate for payments made before 1 July 2024.
To help you work out how much SG to pay, you can use our calculator.
Check: Pay and transfer data to your workers' super fund
Have you complied with SuperStream by making payments and providing data electronically, through either:
- a SuperStream compliant system?
- a commercial clearing house or the Small Business Superannuation Clearing House?
- your super fund, if it offers this service?
Check: Pay contributions on time
Have you:
- checked your super payment due dates?
Super needs to be paid at least 4 times a year. These are the SG due dates:- Quarter 1 − 28 October
- Quarter 2 – 28 January
- Quarter 3 – 28 April
- Quarter 4 – 28 July.
- allowed enough time for the contribution to be processed?
- Processing times can vary. If you use a commercial clearing house, make sure you allow time for your payments to reach your workers super fund, as payments are considered 'paid' on the date they're received by the super fund not the commercial clearing house.
- When a super due date falls on a weekend or public holiday, your contribution must be received by the fund on or before the next business day.
Unpaid or late super payments
Media: Paying super guarantee late
https://tv.ato.gov.au/ato-tv/media?v=bi9or7odhem7wnExternal Link (Duration: 3:01)
If you miss the quarterly due date even by a day, or don't pay a workers SG amount in full, on time and to the right fund, you must pay the super guarantee charge (SGC) and lodge an SGC statement to us or penalties may apply.
The SGC is:
- paid to the ATO
- more than the super you would have otherwise paid to the workers fund
- not tax deductible.
The video explains what a SGC statement is and how to lodge it.
Media: What is a super guarantee charge statement
https://tv.ato.gov.au/ato-tv/media?v=bi9or7odhni6g7External Link (Duration: 2:57)
Check: If you haven't paid on time
If you haven't paid on time make sure you:
- calculate the SGC
- lodge the Superannuation guarantee charge statement and pay the superannuation guarantee charge by the due date
The SGC and statement due dates are:- Quarter 1 – 28 November
- Quarter 2 – 28 February
- Quarter 3 – 28 May
- Quarter 4 – 28 August.
- provide full information for each worker, to ensure the allocated SG entitlements are paid to the correct worker's super fund, including their:
- full legal name
- tax file number
- date of birth
- last known address.
Use the instructions when completing this form. It's important to take the time to get this right to ensure the ATO accepts your SGC statements. The earlier you lodge your SGC statement correctly and pay your overdue super the less interest and charges you will have to pay.
If you need help, you can contact us or a tax professional.
Record keeping requirements
Check: Keep the right records
You are required to keep records of super contributions you have made for each worker. These records will be used as evidence of your compliance with your super obligations and need to be kept for a minimum of 5 years.
Get your super payments right
We match data and can see if employers don't pay SG correctly, and take non-compliance seriously.
Workers can also notify us of unpaid super that we will review. Don't wait for your workers to come to us as you may need to pay additional costs and penalties.
Make sure you're regularly checking that you're up to date and meeting your SG obligations.
If you use a tax agent, you should also check in with them.