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The Countries that Export the Most Wine in the World
Article archive
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Quarter 2 of, 2015 archive
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SMSFs may be missing out on allowable deductions
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Change to Early Access Rules
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Capital Gains Tax – which year?
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Checklist for Employers Year-end
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Year-end Tax Planning – Small Business
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Year-end Tax Planning – Trusts
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Reminders and Tax Strategies for SMSFs pre-year end
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Year-end Tax Planning – Individuals
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Tips and traps for acquiring SMSF assets from related parties
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Overtime Payments May Eliminate Claims for Unfair Dismissal
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ACCC issues scam warning
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SME Dispute Resolution
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Land Tax – Victoria
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R&D incentives at risk
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ATO adds ‘hot issue’ to its SMSF target list
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Additional Super Contributions Not Appropriate for all
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Issues arising from an underpaid pension
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Salary and Superannuation after the death of an employee
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IPA calls for zero pc tax rate
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Australian Government - Budget 2015
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Budget 2015 - some professional opinions
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Looming end to SMSF Borrowings?
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ATO warns SMSFs on franking credits scheme
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Lump Sum Payments - Employer Reporting
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Small business tax cuts 'not enough', says IPA
Salary and Superannuation after the death of an employee

 

Although hopefully a very uncommon occurrence, there will be questions for the pay office of most employers after the death of an employee.

What are the PAYG and superannuation obligations?

             

Accrued salary and accrued leave is payable in the normal way, but would be typically paid to the executor.

A recent interpretation by the Australian Taxation Office (ATO) indicates that superannuation obligations must be met.  Failure to do so will result in a superannuation guarantee shortfall.  

The ATO view is that superannuation must be paid in the normal way because the salary has been paid to a “former” employee.

Minimum superannuation obligations apply to current and former employees.  Hence, ATO conclude that payment to the legal personal representative (i.e. executor) of the former employee, triggers a normal superannuation obligation.

 

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