[4042] Ordinary meaning of the term 'employee' [updated]
Title
Draft update to Taxation Ruling
Taxation Ruling TR 2013/1 Income tax: the identification of 'employer' for the purposes of the short-term visit exception under the Income from Employment Article, or its equivalent, of Australia's tax treaties.
Purpose
TR 2013/1 provides guidance on how to determine who is an 'employer' for the purposes of the short-term visit exception under the Income from Employment Article, or its equivalent, of Australia's tax treaties. We are currently reviewing it and considering issuing a draft update to reflect the decisions of the High Court in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 and the Full Federal Court in JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76.
Expected completion
Early 2026
Comments
For more information, see the Decision impact statement on Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 and the Decision Impact Statement on JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76.
Contact
[4200] Administration of penalties that apply where employers or superannuation funds fail to comply with event-based reporting obligations
Title
Draft Law Administration Practice Statement
Administration of penalties that apply to employers who fail to comply with their Single Touch Payroll (STP) reporting obligations.
Purpose
Event-based reporting regimes were introduced in 2018 for employers (STP) and for superannuation funds (member account transactions and attributes). The information reported through these reporting regimes has a range of applications across the tax and super systems, and their effectiveness can be reduced as a result of:
- incorrect and incomplete reporting
- reporting in an incorrect format (such as reporting in the original STP format rather than the STP Phase 2 format used since 2022)
- failure to report at all.
There is a need to provide guidance for ATO staff on the administration of penalties that may apply to employers or superannuation funds that fail to meet their reporting obligations.
Expected completion
Early 2026
Contact
Title
Draft Law Administration Practice Statement
Administration of the false and misleading statement penalties on superannuation funds that do not report superannuation contribution information to the Commissioner accurately.
Purpose
Event-based reporting regimes were introduced in 2018 for employers (STP) and for superannuation funds (member account transactions and attributes). The information reported through these reporting regimes has a range of applications across the tax and super systems, and their effectiveness can be reduced as a result of:
- incorrect and incomplete reporting
- reporting in an incorrect format (such as reporting in the original STP format rather than the STP Phase 2 format used since 2022)
- failure to report at all.
There is a need to provide guidance for ATO staff on the administration of penalties that may apply to employers or superannuation funds that fail to meet their reporting obligations.
Expected completion
Early 2026
Contact
[4242] Superannuation reform: transfer balance cap [new]
Title
Draft update to Law Companion Ruling
Law Companion Ruling LCR 2016/9 Superannuation reform: transfer balance cap
Purpose
There is a need to update LCR 2016/9 to further explain proportional indexation of the transfer balance cap for superannuation income streams subject to a commutation authority. This will clarify how the general principles in this Ruling apply in the context of successor fund transfers and reflect the increase in the maximum allowable members made under the Treasury Law Amendment (Self-Managed Superannuation Funds) Act 2021.
Expected completion
February 2026
Contact
[4253] Payday Super [updated]
Title
Draft Law Companion Rulings
Payday Super
Purpose
Payday Super is a new measure that commences on 1 July 2026. It is a significant reform to the current superannuation guarantee system that will broadly align the payment of superannuation with the payment of employees' salary and wages. These draft Rulings seek to provide clarity and certainty to employers, digital services providers, superannuation funds and other stakeholders on the following aspects:
- qualifying earnings
- eligible contributions
- the new superannuation guarantee charge, and
- the application and transitional provisions.
Expected completion
March 2026
Contact
Scott Sargent, Superannuation and Employer Obligations
Phone: (07) 3213 3823