The Treasury Laws Amendment (2018 Measures No 4) Bill 2018 was passed by the Senate on 5 December 2018, with a number of amendments, and is awaiting assent.
The Bill contains a range of measures targeting employer non-compliance with superannuation guarantee (SGC) obligations based on recommendations from the Superannuation Guarantee Cross-Agency Working Group.
The SGC measures (in Schedule 1 to 6 of the Bill) effective 1 July 2018 are as follows:
- enable the Commissioner to issue non-compliant employers with directions to pay unpaid superannuation guarantee and to undertake superannuation guarantee education courses
- allow the Commissioner to disclose more information about superannuation guarantee non-compliance to affected employees
- broaden single touch payroll reporting to all employers effective 1 July 2019 (the current reporting framework commencing 1 July 2018 only applies to employers with 20 or more employees)
- expand single touch payroll reporting by requiring employers to include salary sacrificed amounts paid to their employees’ superannuation funds
- facilitate more regular reporting by superannuation funds
- strengthen the rules imposing penalties on directors of non-compliant employers
- empower the Commissioner to seek court orders to compel an entity to comply with a requirement to provide a security deposit for an existing or future tax-related liability under s255-100 of Schedule 1 to the Taxation Administration Act 1953, and
- streamline the employee commencement process by allowing the pre-filling of an individual’s TFN declaration and superannuation standard choice form by the Commissioner to the individual’s employer.