ATO’s Superannuation Clearing House has experienced delays in processing contributions – SG and Fair Work assurance to affected employers

The ATO identified some issues with its Superannuation Clearing House, which impacted the processing and crediting of payments to some employee’s super fund accounts, which was rectified by 2 May 2018.

Reassurance in relation to super guarantee obligations

The ATO has confirmed that employers will be treated as meeting their SGC contribution deadlines, for employee contributions (under the Superannuation Guarantee (Administration) Act 1992) – even if those contributions were credited as received, and allocated to employees accounts outside that deadline.

The ATO says they will not pursue the lodgment of super guarantee (SG) charge statements, provided the employer:

• had funds available to pay their SG liability by the 28 April due date;
• took all reasonable steps to make the payment; and
• made the payment promptly once the ATO system or access issues were resolved.

Message from the Fair Work Ombudsman

The ATO also notified the Fair Work Ombudsman (FWO) of these ‘Clearing House’ delays, and the Ombudsman will not be taking action against employers, also.

What is the Clearing House?

The Small Business Superannuation Clearing House is a superannuation payment service, administered by the ATO, available to eligible small businesses, so they can pay their superannuation contributions to a single place, where the funds can then be allocated to the employees’ nominated funds.

6.5.18

[ATO website: Clearing House Delays; FJM; LTN 77, 24/4/18; Tax Month – April 2018]

Study questions (answers available)

1. Does the ATO’s Clearing House allow employers to pay superannuation contributions, for their employees, to a single place, to be allocated to the employee’s separate funds?
2. Is the ATO’s Superannuation Clearing House a service available to all businesses?
3. Did the ATO experience delays in processing the contributions for some employers?
4. Is the ATO going to pursue affected employers for the SG charge for late contributions?
5. Is the Fair Work Ombudsman going to take action against affected employers, for late contributions?