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Why The Income Is Derived As A Contractor

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Introduction
Toby is a highly competent pilot and has extensive amount of experience in flying aircrafts. He has established a separate entity for the purpose of operating his business operations with an objective of earning gains after covering the operational cost and training expenses of the business.
Toby works on contract roles for multiple positions depending client requirements. Toby gets the compensation for his duties performed.
Legislations applicable under this case
In order to identify Toby’s relationship with the employer several aspects need to be verified to assess his tax implications. In order to consider whether the income is derived as a contractor we need to consider whether this income has been derived from …show more content…

You also need to be aware of: how you are taxed if some or all of your income is personal services income any super guarantee entitlements you may have (Australian Taxation Office, 2013).
According to (Superannuation Guarantee (Administration) Act (Cth), 1992) makes it a mandatory obligation for an employer to make superannuation contribution for the advantage of employees. This act encompasses the employee with an elaborated description of employee. As per this act, if an individual is working under contract that is solely or majorly for the purpose of the skills or expertise of that individual then he will be considered as an employee in the eyes of law. Under (Superannuation guarantee ruling 1, SGR 2005/1) it clearly describes the circumstances when the employee will be considered as an employee. For ATO to consider the individual a deemed employee the person should be compensated for his personal efforts and expertise, he must perform the work by himself and there isn’t any possibility of assigning the work to someone else and he shouldn’t be paid to achieve an objective but compensated for his efforts (CPA Australia, 2013)
The Ruling specifically notes that an individual who contracts using an ABN may still be an employee for the purposes of the SG Act (Superannuation Guarantee (Administration) Act (Cth), 1992).

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