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ARTICLE · 03 JULY 2018

Amnesty for employers – Superannuation guarantee update

This amnesty is an opportunity for employers to self-report and correct previous undeclared super guarantee shortfalls.

AustraliaEmployment and HR

On 24 May 2018, the Minister for Revenue and Financial Services announced a 12 month Superannuation Guarantee Amnesty (Amnesty), subject to the passing of legislation, which will apply retrospectively from 24 May 2018 to 23 May 2019. The Amnesty is encapsulated in the Treasury Laws Amendment (2018 Superannuation Measures No 1) Bill.

The Amnesty will provide an opportunity for employers to self-report and correct previous undeclared super guarantee (SG) shortfalls which occurred between 1 July 1992 and 31 March 2018.

If employers self-report and correct, they will have to pay the SG shortfall plus interest, but they will not be subject to penalties or charges (including the administration component of $20 per employee per quarter) which would usually apply to late payments. Most significantly, and unlike the superannuation guarantee charge (SGC), any catch-up payments of shortfall SG made pursuant to the Amnesty will be tax deductible.

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