As a business owner, it`s important to understand your obligations regarding superannuation (super) payments for contractors. While you may think that contractors are responsible for their own super, there are instances where you, as the employer, are required to make these contributions.

So, when do you have to pay super for a contractor? Let`s explore some of the key factors.

1. The contractor is considered an employee for super purposes

Under Australian law, there are certain criteria that determine whether a person is an employee or a contractor. If the contractor is considered an employee for super purposes, you will need to pay super contributions on their behalf.

Some of the factors that determine whether someone is an employee include the degree of control you have over their work, whether they can delegate their work to others, and whether they`re required to work exclusively for your business.

If you`re unsure about whether your contractor is considered an employee, you can use the ATO`s employee/contractor decision tool to help you determine their status.

2. The contractor is paid mainly for their labour

If the contractor is paid mainly for their labour (i.e. their time and effort), you will generally need to make super contributions for them. This is because their work is considered to be an ongoing engagement, as opposed to a one-off project or contract.

It`s important to note that even if the contractor is paid a flat rate or project fee, if the work they`re doing is mainly labour-based, you`ll still need to pay super contributions.

3. The contract specifies that super contributions must be made

If the contractor`s contract specifies that super contributions must be made, you`ll need to follow through with this obligation. Make sure you read through the contract carefully to ensure you`re complying with all relevant requirements.

It`s worth noting that even if the contract doesn`t include a requirement for super contributions, you may still need to make them if the contractor meets the criteria mentioned above.

In summary, if your contractor is considered an employee for super purposes, they`re paid mainly for their labour, or their contract specifies that super contributions must be made, you`ll need to make these contributions on their behalf.

If you`re unsure about whether you need to pay super for your contractors, it`s always best to seek professional advice or consult with the ATO. Failure to comply with super obligations can result in penalties, so it`s crucial to ensure you`re meeting your obligations.