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ATO Cracks Down on Businesses Failing Super Guarantee Payments

The Australian Taxation Office (ATO) has issued a stern warning to businesses failing to meet their superannuation guarantee (SG) obligations, emphasising that paying superannuation entitlements on time is not optional.

Recent figures show that ATO enforcement actions recovered $932 million in unpaid superannuation, benefiting 797,000 employees in the past year.

Commitment to Compliance

ATO Deputy Commissioner Emma Rosenzweig highlighted the importance of holding non-compliant businesses accountable to protect employees and ensure fairness.

“Over 92% of superannuation entitlements are paid without ATO intervention,” Rosenzweig stated. “However, we take non-compliance with SG obligations seriously and have ramped up the number of audits and reviews of employers.”

In the past year, the ATO contacted 167,000 employers with reminders and prompts to meet their super obligations—an increase of 24% compared to the previous year.

Key Obligations for Employers

Employers are reminded to:

  • Pay superannuation in full, on time, and to the correct fund.
  • Make quarterly payments by the due dates: 28 January, 28 April, 28 July, and 28 October.

Additionally, businesses should prepare for upcoming changes to SG payment requirements starting 1 July 2026, when more frequent payments will be mandated. The ATO encourages businesses to adopt more regular super payments now to ease reconciliation processes at quarter’s end.

Enhanced Detection and Enforcement

With improved access to single-touch payroll and superannuation fund data, the ATO has enhanced its ability to detect non-compliance.

“Most Australian employers are doing the right thing by their employees,” Rosenzweig said. “Unfortunately, we still receive referrals from employees reporting unpaid super. Our actions against non-compliant employers help safeguard employees’ entitlements and ensure a level playing field for all businesses.”

Tools for Employees and Employers

The ATO urges employees to monitor their superannuation accounts through myGov and encourages employers to review their SG compliance using the ATO’s resources.

By stepping up its enforcement efforts, the ATO aims to protect employees’ retirement savings and maintain fairness across the business landscape.

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