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.
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The investment market volatility that kicked off in March 2025 has felt like a punch, particularly for those in or nearing retirement.
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To be eligible to make a downsizer contribution to your super, you must be aged 55 or older and have owned your home for at least 10 years prior to the sale.
The investment market volatility that kicked off in March 2025 has felt like a punch, particularly for those in or nearing retirement.