Super penalties: IPA calls for ‘draconian’ measures to go

  • Mike Sullivan
  • Legal

SUPERANNUATION Guarantee (SG) contributions paid by employers may be key to a person’s retirement plan,  but some penalties for non-compliance may be detrimental to small business and there may be more red tape on the way, according to the Institute of Public Accountants (IPA). 

“There is no doubt that employers should be making timely and accurate superannuation contributions on behalf of their staff but some penalties associated with late payments and non-compliance are draconian to say the least,” said IPA chief executive officer, Andrew Conway. 

“The imposition of punitive costs on employers who pay their SG contributions late or in part can be extremely damaging on a small business struggling with cash flow issues.

“If the employer does not pay the correct amount of SG contributions on time, it can be deemed as a shortfall and SG onerous charges are imposed.  This consists of the total of the employer’s individual SG shortfalls for each employee and attracts further nominal interest and administration fees for that quarter.

“To add further insult, employers are then asked to calculate SG contributions and SG charge on a different basis to the norm which adds further compliance complexity to the employer.  This calculation can actually make the shortfall higher.  And worse, all of the above is non-deductible. 


“The issue is further compounded where an employer doesn’t lodge an SG statement or provide information to the Commissioner; they are also liable to pay the additional SG penalty at a rate of up to 200 percent of the SG charge payable,” Mr Conway said.

“By all means, hit the recalcitrant employers hard which is where some of the new proposed measures are aimed at.”

Mr Conway said such measures being considered included education, direction to pay and even imprisonment.

“Repeat offenders that are doing the wrong thing by their employees should be dealt with but let’s get human and do not tar every small business with the same excessive compliance brush,” he said.

“A more measured approach is required for genuine late payers than the current penalty regime allows.”


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