Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2012
    Location
    Queensland
    Posts
    52

    Default Reversing super salary sacrifice

    Hi,

    Does anyone have any experience with Reversing super salary sacrifice? Not really from a payroll processing side of things, because I can easily reverse pays etc.

    But I was wondering from a legal / Superannuation Guarantee Act perspective if an employee can change their request to sacrifice wages to superannuation and ask for them to be back paid as wages?

    I know for a fact that salary sacrifices can't be retrospective for salary which have already been earned - but this is kind of the opposite.... I really don't know. Any help would be appreciated.

  2. #2
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    447

    Default

    Have the funds that were sacrificed been paid to the super fund?

    And what is the reason for the change - was it a mistake or has someone just changed their mind?

  3. #3
    Join Date
    Feb 2012
    Location
    Queensland
    Posts
    52

    Default

    No funds haven't been paid.

    I haven't asked for the reason for the change.

    I have found the following: "there should be no access to the sacrificed salary – the sacrificed salary must be permanently forgone for the period of the arrangement"
    Salary sacrifice and salary packaging | Australian Taxation Office

    So it might be case closed.

  4. #4
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    447

    Default

    If the money hasn't been paid to the super fund, then one could possibly argue that the contribution to the super fund has not actually been made, and the ATO wouldn't know about it. I think it's where you actually have to get it back from the super fund that it gets tricky.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

[CaRP] Can't open cache file.
Recruitment/HR Officer - short contract - Sydney CBD
Posted on 18 Apr 2018 at 7:03am

HR Manager - St Leonards
Posted on 18 Apr 2018 at 7:03am

HR Business Partner - Maurice Blackburn - Melbourne CBD
Posted on 18 Apr 2018 at 6:11am

HR Business Partner - Maurice Blackburn - Brisbane
Posted on 18 Apr 2018 at 6:07am

HR Manager - Western Sydney
Posted on 18 Apr 2018 at 6:03am

Human Resources Generalist - Werribee
Posted on 18 Apr 2018 at 5:46am

Talent Acquisition Specialist - Crows Nest
Posted on 18 Apr 2018 at 5:39am

HR Business Partner - Brisbane
Posted on 18 Apr 2018 at 2:35am

Learning & Development Officer - Contract - Brisbane
Posted on 18 Apr 2018 at 5:35am

Recruitment Officer - Contract - Brisbane West
Posted on 18 Apr 2018 at 5:03am

Workplace Relations Advisor (junior role) - Southbank
Posted on 18 Apr 2018 at 4:03am

Internal Recruitment Specialist - Brisbane CBD
Posted on 11 Apr 2018 at 12:03am

HR Business Partner - Melbourne CBD
Posted on 18 Apr 2018 at 3:03am

Recruitment Coordinator - short contract - Sydney CBD
Posted on 18 Apr 2018 at 3:03am

HR Advisor - Western Sydney
Posted on 18 Apr 2018 at 3:03am


 

Powered by vBadvanced CMPS v4.2.1