Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2012
    Location
    Queensland
    Posts
    56

    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
    456

    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
    56

    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
    456

    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
  •  
APS4 - APS6 Recruitment Advisors - Canberra CBD
Posted on 28 Mar 2024 at 12:54pm

P&C Advisor - Melbourne
Posted on 28 Mar 2024 at 4:30am

HR Business Partner - ER - Hills District
Posted on 28 Mar 2024 at 2:22am

VPS5 Senior People Partner - Melbourne
Posted on 27 Mar 2024 at 11:21pm

VPS5 Senior TA Partner - Contract - Melbourne
Posted on 27 Mar 2024 at 11:20pm

RD Writer - Contract - Sydney
Posted on 27 Mar 2024 at 11:20pm

VPS4 HR Business Partner - Contract - Melbourne
Posted on 27 Mar 2024 at 11:16pm

Rostering Officer - Contract - Baulkham Hills
Posted on 27 Mar 2024 at 2:52pm

Workplace Relations Advisor - North Sydney
Posted on 27 Mar 2024 at 4:05am

A06 HR Business Partner - Contract - Brisbane
Posted on 26 Mar 2024 at 11:05am

HR Advisor - Perth
Posted on 26 Mar 2024 at 1:50pm

Employee Relations Manager - Sydney
Posted on 26 Mar 2024 at 1:56am

HR Business Partner - Contract - Perth
Posted on 25 Mar 2024 at 8:31am

HR Manager (Part-Time) - Permanent - Footscray
Posted on 25 Mar 2024 at 8:29am

HR Advisor - Sunshine Coast
Posted on 24 Mar 2024 at 9:48pm


 

Powered by vBadvanced CMPS v4.2.1