Amanda Spinks CA FTI’s Post

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Managing Director, Employment taxes

🤔 Do you engage sole traders? What about musicians, performers, or entertainers? 🎵 🎙 🎨 🏅 Are you aware that contractors can be considered "employees" for superannuation purposes... even when they are running a completely separate, independent business? The ATO has recently issued draft Taxation Ruling (TR 2023/4DC1). This is an update to TR 2023/4 and updates the guidance on the extended meaning of an “employee” under sections 12(2) to 12(11) SGAA. It's important for everyone to be across the ATO's position, but particularly anyone that engages contractors for their labour, or entertainers, artists, musicians, sportspersons, promoters (and similar).  Penalties for non-compliance are high and there is no limit to the historical review period. Please contact A&M if you want to discuss the draft TR and changes that you may need to make to your processes (such as contractor on-boarding and review) to manage SG obligations correctly. #superannuation #contractors

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