We have seen a surprising number of clients lately coming to speak with us about issues related to unpaid super.
In some cases, the recipient is an independent contractor. However, superannuation legislation requires the payment of superannuation for independent contractors in certain circumstances, that person is entitled to have superannuation paid for their benefit by the person or entity with whom they have contracted. In another case, the spouse who was part owner of a family owned company was unaware that the company had not been paying superannuation for its employees for a number of years.
If you are a director of the employing company, and regardless of your knowledge of the obligations, you are responsible for ensuring that your company meets its superannuation guarantee charge obligations. If your business fails to meet superannuation guarantee charge liabilities by their due date, you may become personally liable for the payment of penalties because of your position as director of the company.
If you are concerned that your company or you may face these penalties, please get in touch with us on (03) 5722 4681 so that we may assist you in rectifying the situation.
MORGAN COUZENS LEGAL
Please also see our blog ‘Jail time for failing to pay superannuation’: