How can I claim unpaid superannuation contributions from my employer?

How can I claim unpaid superannuation contributions from my employer?

In Australia, employees earning a before-tax monthly wage of $450 or more are eligible to receive superannuation guarantee (SG) contributions from their employers. This rule also applies to employees aged 18 or less if they have worked for more than 30 hours per week, as well as casual and temporary employees. According to law, employers are required to deposit 9.5 per cent of an eligible employee’s wages in the super fund chosen by the employee. If the employee doesn’t indicate a choice within 60 days of being nominated to the super fund, the employer can deposit the contributions in a default super fund.

If you feel you’re eligible for super contributions but don’t see any payments reflected in your super account, you may need to lodge an enquiry with the Australian Taxation Office (ATO). However, you should first use the ATO’s super contribution estimator to confirm that you’re eligible for SG contributions in the first place. Also, check with your employer about their payment schedule and whether they’ve deposited your contributions in a default fund rather than the fund you’re looking at, as it could be something as simple as that. Once you're sure that you need to recover unpaid superannuation contributions from your employer, if your employer isn't being helpful, you can report them to the ATO over the Internet.

How does recovering unpaid superannuation guarantee contributions work?

Suppose there are unpaid superannuation contributions you’ve not received in your super fund or a default fund used by your employer even after the ATO’s lodgement date. You’ve also reached out to your employer and not received a satisfactory response. You can then check if the ATO has already taken note of your employer’s non-compliance with super contribution rules, and if not, you can lodge an inquiry against your employer with the ATO.

The ATO will then contact your employer to verify whether they have made at least the minimum super contribution necessary to avoid paying a fine. To ensure that the ATO’s investigation progresses smoothly, you’ll need to authorise the ATO to discuss your case with your employer. You’ll also need to provide your employer’s Australian Business Number (ABN), their business address, and any contact details. Also, you may need to submit a description and timeline of the unpaid super contributions, and confirmation that you were entitled to super guarantee contributions. You should also mention whether you’ve checked your myGov account to make sure your employer didn’t deposit their contributions in a default fund.

Once the ATO establishes that your employer does owe super contributions, they will initiate a recovery process, by filing suit against your employer if necessary. You may receive communications from the ATO updating you at various stages of the investigation.

The investigation is closed once the ATO receives the unpaid super contributions from your employer and transfers it to your super fund. The exact contribution you receive will be determined by the ATO, based on whether the contribution details they receive from your employer match the details provided by you. You may also receive any interest that has accumulated on the unpaid super contribution.

Is there a time limit for recovering unpaid super contributions?

Typically, you can make unpaid superannuation claims for contributions from the last five years, which is the period employers are required to maintain super contributions records. However, you may be able to claim unpaid super contributions from more than five years ago if you can provide the necessary documentation.

In these instances, the ATO will usually ask for your payslips and super fund statements for the duration you didn’t receive super contributions. If the information you provide is sufficient to launch an investigation, the ATO will confirm the same, possibly within a month of you submitting any required documents.

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Learn more about superannuation

How long after divorce can you claim superannuation?

You or your partner could be forced to surrender part of your superannuation if you divorce, just like with other assets.

You can file a claim for division of property – including superannuation – as soon as you divorce. However, the claim has to be filed within one year of the divorce.

Your superannuation could be affected even if you’re in a de facto relationship – that is, living together as a couple without being officially married.

In that case, the claim has to be filed within two years of the date of separation.

Either way, the first thing to consider is whether you’re a member of a standard, APRA-regulated superannuation fund or if you’re a member of a self-managed superannuation fund (SMSF), because different rules apply.

Standard superannuation funds

If your relationship breaks down, your superannuation savings might be divided by court order or by agreement.

The rules of the superannuation fund will dictate whether this transfer happens immediately, or in the future when the person who has to make the transfer is allowed to access the rest of their superannuation (i.e. at or near retirement).

Click here for more information.

SMSFs

If your relationship breaks down, you must continue to observe the trust deed of your SMSF.

So if you and your partner are both members of the same SMSF, neither party is allowed to use the fund to inflict ‘punishment’ – such as by excluding the other party from the decision-making process or refusing their request to roll their money into another superannuation fund.

This no-punishment rule applies even if the two parties are involved in legal proceedings.

Click here for more information.

Financial consequences

Superannuation funds often charge a fee for splitting accounts after a relationship breakdown.

Splitting superannuation can also impact the size of your total super balance and how your super is taxed.

Click here for more information.

How do you find lost superannuation funds?

Lost superannuation refers to savings in an account that you’ve forgotten about. This can happen if you’ve opened several different accounts over the years while moving from job to job.

You can use your MyGov account to see details of all your superannuation accounts, including any you might have forgotten. Alternatively, you can fill in a ‘Searching for lost super’ form and send it to the Australian Taxation Office, which will then search on your behalf.

How do you find superannuation?

Lost superannuation refers to savings in an account that you’ve forgotten about. This can happen if you’ve opened several different accounts over the years while moving from job to job.

You can use your MyGov account to see details of all your superannuation accounts, including any you might have forgotten. Alternatively, you can fill in a ‘Searching for lost super’ form and send it to the Australian Taxation Office, which will then search on your behalf.

How do you claim superannuation?

There are three different ways you can claim your superannuation:

  • Lump sum
  • Account-based pension
  • Part lump sum and part account-based pension

Two rules apply if you choose to receive an account-based pension, or income stream:

  • You must receive payments at least once per year
  • You must withdraw a minimum amount per year
    • Age 55-64 = 4%
    • Age 65-74 = 5%
    • Age 75-79 = 6%
    • Age 80-84 = 7%
    • Age 85-89 = 9%
    • Age 90-94 = 11%
    • Age 95+ = 14%

If you want to work out how long your account-based pension might last, click here to access ASIC’s account-based pension calculator.

What is lost superannuation?

Lost superannuation refers to savings in an account that you’ve forgotten about. This can happen if you’ve opened several different accounts over the years while moving from job to job.

What are reportable superannuation contributions?

For employees, there are two types of reportable superannuation contributions:

  • Reportable employer super contributions your employer makes for you
  • Personal deductible contributions you make for yourself

What are reportable employer superannuation contributions?

Reportable employer superannuation contributions are special contributions that an employer makes on top of the regular compulsory contributions. One example would be contributions made as part of a salary sacrifice arrangement.

What superannuation details do I give to my employer?

When you start a job, your employer will give you what’s called a ‘superannuation standard choice form’. Here’s what you need to complete the form:

  • The name of your preferred superannuation fund
  • The fund’s address
  • The fund’s Australian business number (ABN)
  • The fund’s superannuation product identification number (SPIN)
  • The fund’s phone number
  • A letter from the fund trustee confirming that the fund is a complying fund; or written evidence from the fund stating it will accept contributions from your new employer; or details about how your employer can make contributions to the fund

You should also provide your tax file number – while it’s not a legal obligation, it will ensure your contributions will be taxed at the (lower) superannuation rate.

How do you open a superannuation account?

Opening a superannuation account is simple. When you start a job, your employer will give you what’s called a ‘superannuation standard choice form’. Here’s what you need to complete the form:

  • The name of your preferred superannuation fund
  • The fund’s address
  • The fund’s Australian business number (ABN)
  • The fund’s superannuation product identification number (SPIN)
  • The fund’s phone number
  • A letter from the fund trustee confirming that the fund is a complying fund; or written evidence from the fund stating it will accept contributions from your new employer; or details about how your employer can make contributions to the fund

You might want to provide your tax file number as well – while it’s not a legal obligation, it will ensure your contributions will be taxed at the (lower) superannuation rate.

What contributions can SMSFs accept?

SMSFs can accept mandated employer contributions from an employer at any time (Funds need an electronic service address to receive the contributions).

However, SMSFs can’t accept contributions from members who don’t have tax file numbers.

Also, they generally can’t accept assets as contributions from members and they generally can’t accept non-mandated contributions for members who are 75 or older.

What are concessional contributions?

Concessional contributions are pre-tax payments into your superannuation account. The payments made by your employer are concessional payments. You can also make concessional contributions with a salary sacrifice.

Can I buy a house with my superannuation?

First home buyers are the only people who can use their superannuation to buy a property. The federal government has created the First Home Super Saver Scheme to help first home buyers save for a deposit. First home buyers can make voluntary contributions of up to $15,000 per year, and $30,000 in total, to their superannuation account. These contributions are taxed at 15 per cent, along with deemed earnings. Withdrawals are taxed at marginal tax rates minus a tax offset of 30 percentage points.

Voluntary contributions to the First Home Super Saver Scheme are not exempt from the $25,000 annual limit on concessional contributions. So if you pay $15,000 per year into the First Home Super Saver Scheme, you have to make sure that you don’t receive more than $10,000 in superannuation payments from your employer and any salary sacrificing.

What happens if my employer falls behind on my superannuation payments?

The Australian Taxation Office will investigate if your employer falls behind on your superannuation payments or doesn’t pay at all. You can report your employer with this online tool.

Can I transfer money from overseas into my superannuation account?

Yes, you can transfer money from overseas into your superannuation account – under certain conditions. First, you must provide your tax file number to your fund. Second, if you are aged between 65 and 74, you must have worked at least 40 hours within 30 consecutive days in a financial year. (Australians under 65 aren’t subject to a work test; Australians aged 75 and over cannot receive contributions to their superannuation account.)

Money transferred from overseas will generally count to both your concessional contributions limit and your non-concessional contributions limit. You will have to pay income tax on the applicable fund earnings component of any money transferred from overseas. You might also be liable for excess contributions tax.