If you don't pay super on time
You must lodge a super guarantee charge (SGC) statement and pay the SGC to us if:
- you don't pay an employee's super guarantee (SG) to the right super fund
- the SG contribution isn't received by the super fund on or before the due date
- you don't pay an employee's SG in full.
If an employee believes their SG contribution hasn't been paid correctly, they can contact us and lodge a referral. We have improved access to Single Touch Payroll and super fund data, which is combined with employee referrals to help identify employers who may not have met their SG obligations. We use this information to detect non-compliance and implement preventative and corrective strategies when employers do not meet their obligations.
We may also notify other employees about potential SG owed.
We can take firmer action to pursue outstanding debts, including the commencement of legal proceedings to recover an amount owed.
Your employee's super contribution is only considered 'paid' on the date it's received by their super fund. If you're using a clearing house, payments made to the clearing house that aren't processed, or don't reach the super fund until after the payment due date, are considered late payments.
Processing times vary between clearing houses. You must check the processing timeframes required by your clearing house. This will ensure your payments will be processed before the payment due dates.
Example: missed super guarantee payments
Teddy owns and runs a novelty store. He usually pays super for eligible employees on time. Due to unforeseen circumstances, Teddy misses paying super to his employees’ funds for the SG quarterly due date of 28 April 2025 (for the quarter ending 31 March 2025).
Teddy knows that the SG quarterly due date can't be extended by law. He knows that to avoid penalties, he must lodge an SGC statement (NAT 9599) within a month of the quarterly due date (in this case, by 28 May 2025) and pay the SGC to the ATO for the outstanding super he owes.
Teddy can't pay the SGC in full but lodges his SGC statement through Online services for business by the due date to avoid additional penalties. He also sets up a flexible payment plan with us.
End of exampleMedia: Paying super guarantee late
https://tv.ato.gov.au/ato-tv/media?v=bi9or7odhem7wnExternal Link (Duration: 3:01)
Late super guarantee payments
When super guarantee (SG) payments are received after the quarterly super due date, they are considered late payments.
Late payments will be used automatically to pay any super obligation you may have in the current quarter. This may mean late payments are applied to a quarter that is different to when you intended.
If you would like to use these payments to offset a super shortfall and nominal interest components of the super guarantee charge (SGC) for an earlier quarter, you can make an election in your SGC statement in the late payment offset section. Contributions received by your employees' super fund on or before 30 June 2026 are eligible for election as a late payment offset for quarters up to and including the quarter ending 31 March 2026.
With the introduction of Payday Super, late payments for the quarter ending 30 June 2026 cannot be claimed as an offset to the SGC. These contributions will be automatically applied to the earliest available qualifying earnings day. For more information, see How we match data for super guarantee.
Example: late quarterly super guarantee payment
Frankie owns and runs an events management business. Frankie has one employee, who is paid monthly. Frankie usually pays her SG payments for this employee on time.
Frankie misses the SG payment due date for the first quarter of 2025–26 (the quarter ending 30 September 2025). Payments for the first quarter are due on 28 October 2025, but are not received by the super fund until 30 October 2025.
The payments received by the super fund are applied to Frankie’s super guarantee obligation for the second quarter.
As Frankie has missed the due date, she must lodge an SGC statement and pay SGC to the ATO.
End of exampleLate quarterly super guarantee payment options
If you have made a late payment to an employee's super fund you may be able to:
- offset the shortfall and nominal interest components of the super guarantee charge for quarterly periods up to and including the quarter ending 31 March 2026
- put the payment towards future super payments. This is limited to a period no more than 12 months from the beginning of the quarter.
With the introduction of Payday Super, contributions received by an employee’s super fund on or after 29 July 2026 will be automatically applied to the earliest available qualifying earnings day.
Offset the SGC with late super guarantee payments
You can offset late payments against the super guarantee charge (SGC) if you have:
- made the payment to your employee's super fund, it was received on or before 30 June 2026, and you are claiming the late payment offset for a quarter no later than the quarter ending 31 March 2026
- made the payment before the date your original SGC assessment was made
- lodged your late payment offset election in the SGC statement through Online services for business within 4 years of your original SGC assessment date.
The offset late super guarantee payments against the SGC:
- aren't tax-deductible
- can't be used as a contribution for the current quarter or future quarter's super contributions.
For quarters beginning on or after 1 January 2020, a salary-sacrificed contribution can't be offset against the SGC.
Note: A nomination to offset late payments is binding and cannot be changed. If you choose to have the contributions offset against the SGC, you can't withdraw this choice.
Example: late payment offset election
Jessie makes a late payment for the third quarter. It is received by the employee's super fund on 1 May 2025, missing the 28 April 2025 due date. The SGC statement for this quarter is due on 28 May 2025.
To have the super payment applied to the third quarter, Jessie needs to make a late payment offset election in her SGC statement. This payment will automatically apply to the fourth quarter unless this election is made.
Jessie completes the SGC statement on 20 May, making a late payment offset election to move the payment to the third quarter.
End of exampleHow to lodge a late payment offset election
To lodge a late payment offset election, use the SGC statement (NAT 9599). Lodge through online services for business as follows:
- attach the SGC statement Excel spreadsheet to a new secure mail message
- select Superannuation as the topic
- select Lodge SGC statement as the subject.
If you're unable to lodge online, phone us on 13 10 20 for other options.
Example: electing a late super guarantee payment offset in online services
Charles means to contribute to his employee's super fund by 28 April 2025 for the quarter ending 31 March 2025. However, he makes his payment late on 1 July 2025.
Charles has made his payment after the quarterly due date of 28 April 2025. Because of the late payment, he is still required to lodge an SGC statement. Charles lodges an SGC statement through Online services for business on 10 July.
When he lodges his SGC statement, Charles elects to claim the super late payment offset. This will reduce the SG shortfall and nominal interest of the SGC. Charles then pays the remaining SGC to the ATO.
End of exampleCarry forward late super guarantee payments
You can carry forward an SG payment if:
- it's for the same employee
- the start of the carried forward quarter is within 12 months after the payment date.
With the introduction of Payday Super, contributions received by an employee’s super fund on or after 29 July 2026 will be automatically applied to the earliest available qualifying earnings day. For more information, see Payday Super – making super payments.
If an employee has ceased employment with you and you do not need to make future super payments for that employee, you may need to contact their super fund to discuss other options.
If you carry forward a super payment, it is only tax deductible in the year it's received by the super fund.
Example: late quarterly super guarantee payment carried forward
Hannah makes a late super payment for her employee on 5 November 2025, missing the quarterly due date of 28 October 2025.
As Hannah has missed the due date, she must lodge an SGC statement and pay the SGC.
Hannah decides to carry forward the late payment made on 5 November 2025. She uses it towards the employee super for the quarter ending 30 March 2026 in the following year. Hannah can do this because the payment is for both:
- the same employee
- a quarter in the 12 months following the date she paid it.
Example: super guarantee payment made on or after 29 July 2026 – automatically allocated under Payday Super
Katie makes a super payment for her employee on 29 July 2026. She has an SG shortfall for the quarter ending 30 June 2026, however there is no late payment offset available for this quarter. Any super contribution made on or after 29 July 2026 can only be an eligible contribution under Payday Super.
Therefore, the payment from 29 July is allocated to the first available qualifying earnings day for which Katie has an individual final SG shortfall.
You can find more information at Payday Super – making super payments
End of exampleSuper guarantee compliance approach
Our super guarantee (SG) compliance approach supports employers that engage with us and want to get things right.
We may contact an employer by phone, email or letter if our data indicates they have underpaid or paid their SG obligations late to remind them of the requirement to lodge an SGC statement.
If you receive a contact letter or email from us and believe you have paid in full and on time to the employee's super fund, you need to:
- review your records and address any data issues to ensure you have met your obligations in full
- follow the instructions in the letter or email.
We conduct additional checks before taking firmer action for employers unwilling to meet SG obligations. In some cases, we will:
- undertake an SG audit of an employer
- raise SGC assessments with additional penalties for not lodging the statement by the due date.
If you're unsure what action to take for your situation, you can phone us on 13 10 20.
Difficulty paying super guarantee
If you're having trouble meeting your SG obligations, you should make a voluntary disclosure. Complete and lodge an SGC statement (NAT 9599) by its due date, even if you can't pay it in full. We will work with you to establish a payment plan.
Once you become liable to pay the SGC, nominal interest accrues to the later of the due date or date you lodge the SGC statement. We encourage you to lodge no later than the due date, to minimise nominal interest.
If you are experiencing difficulties lodging, phone us on 13 10 20 to discuss your circumstances.
Penalties
If you don't lodge the quarterly SGC statement by the due date, a Part 7 penalty will apply.
We are more likely to reduce or waive the penalty if you:
- make a genuine attempt to meet SG obligations
- have a good compliance history.
For example, we may reduce a penalty for an employer who lodged an SGC statement after the relevant due date, but before being notified of ATO compliance action.
If you don't lodge an SGC statement before audit action has started, a greater Part 7 penalty can apply. This could be up to 200% of the SGC.
How we can help
We can also help you:
- complete a quarterly SGC statement
- work out a payment plan when you are unable to pay on time
- understand your SG obligations through our voluntary online Super guarantee employer obligations – online course.
If you're unable to make a quarterly super contribution because you are affected by a disaster, we can help.
Unwilling to meet obligations
We will take stronger compliance action – including imposing additional penalties – if you don't:
- engage with us promptly by replying to our correspondence
- take steps to resolve your outstanding SG obligations.
We may also issue:
- a garnishee notice
- a director penalty notice
- a direction to pay SGC
- an education direction to complete the Super guarantee employer obligations – online course.
We take this approach with employers who:
- repeatedly don't pay the correct amount of SG
- make it difficult for us to determine an SGC liability
- repeatedly fail to keep appointments
- repeatedly fail to supply information without an acceptable reason
- deliberately supply information that is irrelevant, inadequate or misleading
- engage in any behaviour to delay the supply of information.
For more information, see Super guarantee penalties.
Help and support
For more help, you can:
- ask ATO CommunityExternal Link – our online community-driven forum to find tax and super answers
- contact us.