09/10/2026
The Superannuation Guarantee Charge (SGC) is the penalty the ATO imposes on employers who fail to pay their employees' superannuation on time and to the correct fund. Under Payday Super (live from July 1, 2026), the SGC now has a much shorter trigger — employers who fail to pay super on payday (rather than quarterly) will attract the SGC almost immediately.
What the SGC involves: the charge is calculated on the employee's ordinary time earnings (OTE) — a broader base than just ordinary salary. The SGC includes the unpaid super amount itself, an interest component (currently 10% per annum), and an administration fee of $20 per employee per quarter. The SGC is also not tax-deductible to the employer (unlike regular super contributions), making it significantly more expensive to pay late than on time.
For employees: if your employer has not been paying your super correctly, you have the right to report them to the ATO. The ATO takes SGC non-compliance seriously and runs an active employer compliance program. Reports can be made online through the ATO website, and the ATO will investigate and recover unpaid super on your behalf.
For employers: the introduction of Payday Super has removed the quarterly compliance grace period. From July 1, 2026, every pay run triggers a super obligation. If you're having cash flow difficulties, address them proactively rather than using super as a short-term loan — the SGC penalties make this a very expensive option.
TaxSmart Cafe advises employers on Payday Super compliance and assists employees who believe their super has not been paid correctly.