Newcastle Accountants Newcastle Accountants
  • Home
  • About Us
  • Why Us
    • Testimonials
  • Accounting Services
    • Business Accountants
    • Business Tax & Compliance
    • Starting a Business
    • Looking to grow your business
    • Self Managed Super Funds
    • Wealth Management
    • Tax Planning
    • Tax Returns
    • Tax Advisors
  • News
    • Articles
    • Newsletters
  • Contact Us
Newcastle Accountants
  • Home
  • About Us
  • Why Us
    • Testimonials
  • Accounting Services
    • Business Accountants
    • Business Tax & Compliance
    • Starting a Business
    • Looking to grow your business
    • Self Managed Super Funds
    • Wealth Management
    • Tax Planning
    • Tax Returns
    • Tax Advisors
  • News
    • Articles
    • Newsletters
  • Contact Us
Jun 18

Treating employees as contractors

  • June 18, 2015
  • Business Advice

employees as contractors

The structure of the workforce is transforming, and many business owners are struggling to make sense of the rapid changes.

The problem is that regulation, especially from the tax office, will always be a few steps behind changes that are happening in the real world. Sadly, this often means that compliance requirements are not befitting to current business practices. An area where this is glaringly apparent is the tax treatment of independent contractors vs employees.

The option to hire independent contractors increases flexibility, expertise and access to equipment, making it attractive to small business owners. Furthermore, many Australian workers are increasingly opting to work freelance instead of seeking permanent employment.

Unfortunately, business owners are often surprised to find out that there can be some severe penalties for incorrectly treating an employee as an independent contractor for tax purposes. The ATO’s definitions of an employee and an independent contractor are fairly strict, and tend to come down on the side of classifying people as employees.

Businesses that incorrectly treat employees as contractors can face a set of heavy financial penalties including missed PAYG payments and super guarantee charges for missed superannuation payments. The super guarantee charges will include the actual super guarantee amounts (currently 9.5% of the employee’s gross pay) and penalties.

The ATO uses a combination of compliance and education to help employers ensure that they are correct in their tax treatment of workers.

Generally, an independent contractor will have a high degree of flexibility over their work, provide their own equipment, and will accept risk and liability for poor work. Independent contractors are required to pay their own taxes and make decisions in regards to how much income to contribute to their superannuation accounts.

Employees who perform work under the direct supervision of their employer, should not take on risk for their own work and have their superannuation paid by their employer. Employees have their taxes paid through the PAYG system.

Employers should note that even if a person has been treated as an independent contractor, they may still be eligible to file for unfair dismissal claims.

In the event that you are unsure as to whether or not your tax treatment of employees and independent contractors is compliant, seek advice from our office.

While there are many financial advantages to having independent contractors in place of employees, for example avoiding the super guarantee and payroll tax, you will likely suffer in the long run if you continue to be non-compliant.

Our accountants can assist you with any questions you have in relation to employees and contractors.
Call (02) 4926 2300 or email us.

To discuss treating employees as contractors please call the team at Leenane Templeton.

  • Facebook
  • Twitter
  • Reddit
  • Pinterest
  • Google+
  • LinkedIn
  • E-Mail

Comments are closed.

Archives

  • November 2017
  • September 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012

Categories

  • accountants
  • accounting
  • ATO
  • banking
  • budget
  • Business
  • Business Accountants
  • Business Advice
  • business insurance
  • Business Marketing
  • business strategies
  • cashflow
  • CGT
  • dividend
  • Employment
  • end of financial year
  • estate planning
  • FBT
  • Federal Budget
  • Financial Advisors
  • Financial Planning
  • GST
  • Health
  • insurance
  • International Market
  • Investment
  • Investment property tax deductions
  • Legal
  • Lifestyle
  • managed funds
  • Marketing
  • Medicare
  • money
  • Newcastle Business Accountants
  • Newcastle Tax Advice
  • News
  • Offshore Income
  • PAYG
  • Property Investment
  • small business
  • SMSF
  • Sports
  • Staff
  • Super
  • superannuation
  • Tax
  • Tax advice
  • Tax Deductions
  • Tax tips
  • Travel
  • Year-end
© 2023 Leenane Templeton Disclaimer and Privacy Statement. Website created by Harlan @ Leenane Templeton

Liability limited by a scheme approved under Professional Standards Legislation.