Monday, November 15, 2021

Super obligations when paying allowances (payroll)

 You must pay super on an employee's ordinary time earnings.


Super obligations apply to:


'on call' allowances paid for ordinary hours of work, such as an 'on call' loading.

Super obligations do not apply to:


expense allowances and reimbursements. These are not 'salary or wages' and therefore aren't ordinary time earnings.

'on call' allowances paid when employees are required to make themselves available during hours they aren't otherwise working. These are excluded from ordinary times earnings.


https://www.ato.gov.au/business/payg-withholding/payments-you-need-to-withhold-from/payments-to-employees/allowances-and-reimbursements/


Expense allowances and reimbursements

72. Expense allowances, that is, those allowances paid to an employee with a reasonable

expectation that the employee will fully expend the money in the course of providing services, are not

'salary or wages'.


Vocab

expend

/ɪkˈspɛnd,ɛkˈspɛnd/

Learn to pronounce

verb

spend or use up (a resource such as money or energy).

"the energy expended in sport could be directed into other areas"


Superannuation on Car Allowances


Under Superannuation Guarantee Ruling 2009-2 most allowances are liable for super unless the ATO

has determined that an exemption applies.


In relation to allowances one exemption relates to allowances for work related expenses that are

expected to be fully expended by the employee. Car allowances sometimes fall into this category.

However you need to look at your organisation’s allowances before you decide super is NOT

payable. For instance, if the employer pays a fixed car allowance with no calculation for business

usage costs (most common), superannuation must be paid as the employer cannot justify to the ATO

that the allowance was designed to be fully expended.


Here are some scenarios of car allowances that are NOT superable.

 If a car allowance is paid by reimbursing cents per km allowance, this is not liable for super

guarantee.

If a fixed car allowance is paid, that has been calculated on the estimated business related

travel costs for the employee’s car, there is no super guarantee liability.


The employer would have to have an audit trail of how the allowance was calculated. They would

need to estimate the expected kilometres to be travelled for the year and determine the reasonable

costs per km of the employee’s vehicle. This could be done using sources such as NRMA, RACV or

similar organisations.


The employer might document the estimate and arrive at, say $9,250 operating costs for the car for

the year (for business related travel only). If the employer chooses to pay a car allowance of $9,250

in those circumstances, the Super Guarantee Act would deem the allowance a ‘reimbursement of

expense’ and it would not be liable for super. The calculation does not have to be lodged with the

ATO – the employer just needs to keep the calculation available in case of ATO audit.

Ref:

http://www.icb.org.au/out/?dlid=33618

(At my work, super is not paid on car allowance. However, super is paid on bonus. 

As per ATO's table below, super has to be paid on performance bonus it seems as it is classified as OTE, ordinary time earnings.

List of payments that are ordinary time earnings

This page shows which payments to employees are counted as ordinary time earnings (OTE), and which are counted as salary and wages for super guarantee purposes.


As an employer, you use:

OTE to work out the minimum super guarantee contribution for your employees. OTE is the amount you pay employees for their ordinary hours of work, including things like commissions and shift loadings.

salary and wages to work out the super guarantee charge. You only need to do this if you missed paying the minimum super guarantee contribution by the due date. Salary and wages are similar to OTE but also includes any overtime payments.







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