Just because an agreement states that a worker is an independent contractor, this does not mean that they are a contractor for tax and
superannuation purposes, new guidance from the ATO warns.
Where there is a written contract, the rights and obligations of the contract need to support that an independent
contracting relationship exists. The fact that a contractor has an ABN does not necessarily mean that they have genuinely been engaged as a
contractor. The ATO says that “at its core, the distinction between an employee and an independent contractor is that:
Contracts over time
The ATO points out that a contracting agreement at the start of a relationship may not continue to be one over time. For example, if the project the contractor was engaged to complete has finished, but the worker continues working for the company then the classification needs to be revisited.
What happens if there is no contract?
If no contract exists, then it’s important to look at the form and substance of the relationship to come to a reasonable position about
whether an employment or contractor relationship exists.
Unsure on your obligations as an employer? Get in touch with our business advisor's to assist in your business' success.
WEBINAR - Registration Essential
8th August 2025 - 12:30 - 1:30.p.m
The best retirements are those planned well in advance. Because when it comes to designing the life you want, age should never be a limit.
In this expert-led webinar, we’ll walk you through the essential strategies to help you create a financially secure and fulfilling
retirement - on your terms.
WEBINAR - Registration Essential
1st August 2025 - 12:30 - 1:30.p.m
Thinking about using your super to invest in property? Join our expert-led webinar to explore how a Self-Managed Super Fund (SMSF) can help
you build long-term wealth through property investment.
WEBINAR - Registration Essential
25th July 2025 - 12:30 - 1:30.p.m
Join our free webinar, SMSF: Is It the Right Investment Strategy for You?, to explore how a Self-Managed Super Fund can help you
take control of your retirement in today’s changing economic landscape.
Passing on wealth is about more than writing a will—it’s about creating clarity, avoiding conflict, and empowering the next generation. With Australia’s largest intergenerational wealth transfer already underway, it’s never been more important to approach succession with care, strategy, and forward thinking.
When someone passes away with superannuation savings, the taxable component of their balance can trigger a 17% tax hit if left to a non-dependant. It’s a heavy financial burden, particularly for adult children. But recent private binding rulings from the Commissioner of Taxation offer a smarter way forward.