Superannuation Obligations - what to do if you pay your superannuation late?
The ATO has recently increased their focus on superannuation payments. The due date for all superannuation payments is 28 days after the end of the quarter for which it was processed: ie super for quarter ending 30 September 2024 is due by the 28th of October 2024.
We always recommend that the super is physically paid at least 10 business days before that due date (ideally no later than the 18th) so that it clears into the super funds by the 28th.
If you do not pay your super by the 28th and you notice that you have paid it late you are meant to lodge a
Super Guarantee Charge Statement with the ATO within 1 month of the payment date (ie: the 28th of November 2024 in the above scenario).
We would recommend that an SGC Statement is lodged voluntarily or you run the risk of the ATO asking you to lodge an SGC Statement at a future date. The reason why we recommend voluntarily lodging an SGC statement is that the interest on the late super payments is calculated at a rate of 10% from the first date of the quarter that the superannuation was not paid until the SGC Statement is lodged.
Example Scenario
Client A has accrued a super obligation of $5,000 for the quarter ended September 2024 and employs 5 employees. They do not pay the super amount by the due date of the 28th of October, but pays the super by the 10th of November.
Client A doesn’t worry about lodging an SGC Statement because they believe they have met their obligations by paying the super, even if it was paid late.
In May 2025 the ATO thinks that the client may have paid super late for the September 2024 QTR so they ask the client to lodge an SGC Statement. An SGC Statement is lodged and calculated as per the below:-
- The SGC Statement calculates the liability as:-
- $5,000 for the super paid late
- Nominal Interest of $456.84 (Calculated as $5,000 x 10% annual rate of interest x 11 months)
- Administration Fees $100 ($20 admin fee per each employee)
- A total of $556.84
If the SGC Statement had been lodged in November 2024 when client A noticed they had paid super late then the interest would only be $204.92 (unfortunately the admin fees remain un-changed). This would mean that an extra $251.92 in interest will need to be paid because the SGC Statements were lodged in May 2025 instead of November 2024.
Although the difference in interest in this scenario does not seem like a large amount the ATO can target multiple quarters at a time and there is no limit on how far back the ATO can review super payments.
In addition to the late payment penalties if the super has not been paid yet and the ATO discover this then they can apply “Part 7 penalties” which start at 200% of the liability. Voluntarily disclosing this information to the ATO before they ask you to provide evidence is often the best course of action.
If you are struggling to pay your super on time due to cash flow issues please get in touch sooner rather than later as we can often help mitigate these risks. Get in touch now to discuss your circumstances and next steps. Email
advisory@st-m.com.au or call 02 6024 1655.











