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8.1ÌýÌýÌýÌý Employer failures

Failure to withhold and remit PAYG from employee wages is an offence under Sections 16–25 of Sch 1 to the Taxation Administration Act 1953 (TAA). The maximum penalty is AUD 2,100 per offence.

Under TAA, ss 16–30, the employer must also pay an administrative penalty to the ATO, equal to the amount not withheld.

Superannuation guarantee charge

Employers that do not pay superannuation guarantee contributions on time are required to pay the superannuation guarantee charge and lodge superannuation guarantee statements (1.1.3). The superannuation guarantee charge has three components:

1. Ìý

   •ÌýÌýÌýÌý unpaid superannuation (as discussed in 1.1.3, calculated on a slightly different basis to the superannuation contributions required to be made)

2. Ìý

   •ÌýÌýÌýÌý interest at 10% per annum

3. Ìý

   •ÌýÌýÌýÌý an administration fee of AUD 20 per employee per quarter

While superannuation