We understand that people and businesses affected by the recent bushfires and floods may have difficulty in meeting their super guarantee obligations.
Super contributions for the quarter ending 31 March 2009 must be made to a complying super fund or retirement savings account by 28 April 2009. If payment is not made by this date, a Superannuation guarantee charge statement - quarterly (NAT 9599) must be lodged by 28 May 2009.
If super contributions for the quarter ending 31 December 2008 were not made by 28 January 2009, you must also lodge a Superannuation guarantee charge statement - quarterly. We have extended the time for lodgment of this statement from 2 March 2009 until 28 May 2009. We recommend that a statement be lodged as soon as possible, as nominal interest (currently 10%) will accrue on shortfall contributions. It only stops accruing once the Superannuation guarantee statement - quarterly is lodged. As the interest is paid to the employee to compensate for lost earnings, we have no discretion in waiving it (as is the case with income tax).
We will not impose other usual penalties, and will consider remitting any general interest charge at the time the Super guarantee debt is paid.
I'm an employer who did not meet my super obligations in the December quarter. I'm due to lodge a Super guarantee charge statement, which was due on March 2. What do I do?
The lodgment date of the Super guarantee charge statement - quarterly for the December quarter has been extended to 28 May 2009. However, we recommend that a statement be lodged as soon as possible, as nominal interest (currently 10%) will accrue on shortfall contributions. It only stops accruing once the Superannuation guarantee charge statement- quarterly is lodged. As the interest is paid to the employee to compensate for lost earnings, we have no discretion in waiving it (as is the case with income tax).
The Super guarantee cut-off date for payment to super funds for the 31 March quarter is 28 April 2009. If payment is not made by this date, a Superannuation guarantee charge statement - quarterly must be lodged by 28 May 2009. We recommend that a Superannuation guarantee charge statement - quarterly be lodged, as nominal interest (currently 10%) will continue to accrue until the statement is lodged. As the nominal interest makes up for the interest that is lost to employees, we have no discretion in waiving this interest.
I'm an employer and I've already been advised that I'm being audited for Super guarantee. I've lost my records. What do I do? Are you going to continue to audit me?
At this stage, we will suspend the audit of your records. Contact will be made at a later date to advise what action will be taken by us. We recognise that many people have lost records, and we will work sympathetically with you to review your situation.
I’m an employer and I want to wind up my business because of the natural disasters. What do I do if I have outstanding super obligations?
You will need to pay your outstanding super obligations for your employees before you wind up your business. We recommend that a Superannuation guarantee charge statement - quarterly be lodged as soon as possible, as nominal interest (currently 10%) continues to accrue until the statement is lodged. As the nominal interest component makes up for the interest that is lost to employees, we have no discretion in waiving this interest.
We would not impose other usual penalties, and could consider the remission of the general interest charge at the time the Super guarantee debt is paid.
I am an employer and all my employee records have been destroyed. How can I calculate the Super guarantee contributions for my employees?
We recommend that an estimate of Super guarantee contributions be made using old records. These could possibly be obtained from your employees, your bank or the super funds you pay contributions to. We can help you with old records of PAYG payments you've made. It would be sensible to discuss how you are going to make this estimate with your employees, both because they might be able to help with records and because they should understand how you're calculating their super payments.
I am an employer and I consistently meet my superannuation obligations. I tried to get my super guarantee contributions in by the due date. However, I have been affected by the floods and was late with my contributions. Is there nothing you can do to help me?
In exceptional circumstances only, the Commissioner may decide not to raise a Super guarantee charge assessment. The employer must have taken reasonable steps to comply with their obligations by the due date, but for reasons beyond their control the contribution is made late. This will be determined on a case by case basis.
Last Modified: Thursday, 26 March 2009
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