Super Guarantee Amnesty

The government has introduced a Superannuation Guarantee amnesty which allows employers to disclose and pay previously unpaid super guarantee (SG) charge that they owe their employees without incurring penalty.

Please see below for further information regarding the amnesty and note that this is only applicable if you have ever paid salaries and wages and were required to pay SGC.

Super Guarantee Amnesty:

  • Employers are able to disclose and pay any previously unpaid Super Guarantee Charge, including nominal interest, that they owe their employees from 1 July 1992 to 31 March 2018, and will not incur the usual administrative fee of $20 per employee per quarter or other Part 7 penalties
  • Until 7 September 2020 any amounts of previously unpaid Super Guarantee Charge will be tax deductible
  • Employers will need to apply for this amnesty
  • If the ATO identifies amounts of unpaid Super Guarantee Charge before the employer discloses it, the employer will not be eligible for the benefits of the amnesty and the payments will not be tax deductible
  • Eligibility requirements:
    • Haven’t been informed that the ATO is or intends to examine any Super Guarantee obligations for the quarter(s) the disclosure relates to
    • The disclosure must relate to a Super Guarantee shortfall for an employee that hasn’t already been disclosed to the ATO
    • Disclose for quarter(s) starting from 1 July 1992 to 31 March 2018
    • Lodge the Super Guarantee amnesty with the ATO no later than 7 September 2020
    • Pay the amounts owing or set up a payment plan