Latest News

Hot Issues
spacer
Benchmarks for small business
spacer
Right to Disconnect
spacer
There’s $18.9 billion in lost and unclaimed super - some may belong to you
spacer
Small businesses remain optimistic despite high stress, report reveals
spacer
Tax and your child’s money: what parents need to know including TFNs
spacer
How to declare minor children’s income
spacer
Net cash flow tax: What is it and what will it mean for SMEs?
spacer
Bribery, brothels, breaches of confidence: ATO officer loses appeal against imprisonment
spacer
Why Culture Matters (Even in Small Teams)
spacer
How to detect and prevent elder abuse when advising older clients: RSM
spacer
Div 296 must be considered ‘holistically’, IPA says
spacer
Working out your Work From Home (WFH) expenses – 2025 Rules
spacer
Accrued leave: take a holiday or take the payment?
spacer
Franchising and Leasing: Legal Issues to Consider When Securing a Location
spacer
Airplane Fuel Consumption Per Minute
spacer
‘Results in paying more tax’: ATO warns Australians against early super access
spacer
Employee or Contractor ?
spacer
Inherited assets: what you need to know about pre-CGT v post-CGT investments
spacer
WHS and OHS Regulatory Update: August 2025
spacer
HECS/HELP debt reduction Bill introduced
spacer
Non deductibility of ATO interest charges for businesses
spacer
How safe is your business from scams
spacer
The biggest earthquakes in history : (1905–2025)
spacer
What Terms Should I Include in a Capital Raising Term Sheet?
spacer
Prepare for Div 296 now, accountants warn
spacer
ATO, lawmakers demand urgent action as GST fraud skyrockets
spacer
5 things smart businesses do to stop copycats
spacer
Do not trust myGov messages
Article archive
spacer
Quarter 3 July - September 2025
spacer
Quarter 2 April - June 2025
spacer
Quarter 1 January - March 2025
spacer
Quarter 4 October - December 2024
spacer
Quarter 3 July - September 2024
spacer
Quarter 2 April - June 2024
spacer
Quarter 1 January - March 2024
spacer
Quarter 4 October - December 2023
spacer
Quarter 3 July - September 2023
spacer
Quarter 2 April - June 2023
spacer
Quarter 1 January - March 2023
spacer
Quarter 4 October - December 2022
Salary sacrificing and the superannuation guarantee

Employers should take note of the new rules that became law on 28 October 2019, regarding the application of compulsory superannuation guarantee to salary sacrificed superannuation amounts.

       

 

From 1 January 2020, where an employee salary sacrifices part of their salary into superannuation contribution benefits, these superannuation contribution amounts will be subject to further 9.5 per cent superannuation contributions. Employers who currently contribute the 9.5 per cent superannuation guarantee based on the cash salary only will need to update their systems to comply with the new law by 1 January 2020.

We also note that where the arrangements between the employer and the employee is such that superannuation contributions (including salary sacrifice contributions) are quoted on top of a remuneration package (rather than within the package), and the employer doesn’t currently contribute based on the full cash plus salary sacrifice contributions package, then those employers will have additional costs from 1 January 2020. We recommend that employers review all salary sacrifice arrangements for impacts for compliance with the new law.

For example: Remuneration $100,000 per annum (excluding superannuation guarantee contributions). Employee salary sacrifices $10,000 into superannuation; therefore, $100,000 remuneration is made up of $90,000 cash salary and $10,000 benefits. Prior to 1 January 2020, the employer was only obligated to contribute superannuation guarantee on the cash salary of $90,000 (which at 9.5 per cent is $8,550). From 1 January 2020, the employer will be required to contribute superannuation guarantee based on the full remuneration of $100,000 p.a. (which at 9.5 per cent is $9,500 (being an increase of $950 p.a.) (in addition to the $10,000 salary sacrifice contributions).

Further, the new law also ensures that salary sacrificed superannuation does not count towards an employer’s compulsory superannuation contributions obligations.

For example: Remuneration $100,000 p.a. (excluding superannuation guarantee contributions). Employee salary sacrifices $10,000 into superannuation; therefore, $100,000 remuneration is made up of $90,000 cash salary and $10,000 benefits. Prior to 1 January 2020, the employer could effectively make no additional superannuation contributions, because the salary sacrificed contributions of $10,000 count as employer contributions. That is, the employer is treated as meeting its obligations, as 9.5 per cent of $100,000 = $9,500, and $10,000 in superannuation contributions have been made (due to the employee’s salary sacrificed amounts). From 1 January 2020, the employer will be required to contribute superannuation guarantee based on the full remuneration of $100,000 p.a. (which at 9.5 per cent is $9,500) (in this case, this is an increase of $9,500 on top of the $10,000 salary sacrifice contributions).

Please note that this new law only applies to salary sacrifice amounts that constitute superannuation contributions. It is our understanding that the new law does not apply to other salary sacrificed items.

Reference: Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Bill 2019

Judy White, BDO Australia 
08 November 2019 
accountantsdaily.com.au

 

Liability limited by a Scheme approved under Professional Standards Legislation.
© O'Brien and Partners 2024 - All Rights Reserved | 333 Canterbury Road, Canterbury VIC 3126 | Tel: 03 9509 3911 Site by Acctweb