ATO establishes SG legal precedent

16 January 2020
| By Mike |
image
image
expand image

In a key, but largely unheralded legal win, the Australian Taxation Office (ATO) has established a precedent with respect to racing clubs and their relationship with jockeys.

The Full Federal Court held in April that racing clubs were liable to pay superannuation contributions of jockeys even though, nominally, those clubs are acting as agents for the stables employing the jockeys.

Commenting on the legal win, ATO deputy commissioner, John Ford described it as important in circumstances where the court rules in favour of the ATO that the racing clubs were liable to pay riding to fees to jockeys for riding in a horse race and were therefore deemed to be their employers for the purposes of the Superannuation Guarantee.

For their part, the racing clubs – the Scone Race Club and the Racing Queensland Board – had argued that there were liable to make the SG payments because they only made payments of riding fees to jockeys on behalf of owners for administrative purposes.

If the two racing clubs are to appeal the decision, they must do so in the next few days.

The ATO pursued the matter in relation to riding fees paid to jockeys during the period 1 July, 2009 and 30 June, 2014.

Read more about:

AUTHOR

Add new comment

The content of this field is kept private and will not be shown publicly.

Recommended for you

sidebar subscription

Never miss the latest developments in Super Review! Anytime, Anywhere!

Grant Banner

From my perspective, 40- 50% of people are likely going to be deeply unhappy about how long they actually live. ...

3 months 4 weeks ago
Kevin Gorman

Super director remuneration ...

4 months ago
Anthony Asher

No doubt true, but most of it is still because over 45’s have been upgrading their houses with 30 year mortgages. Money ...

4 months ago

The Association of Superannuation Funds of Australia has appointed a new director representing industry funds, among a number of other appointments in recent months....

18 hours ago

The asset manager is bolstering its investments in the global energy transition and climate opportunities....

2 days 3 hours hence

The ethical investment manager has reported record FUM as its growth trajectory continues apace....

1 day 18 hours ago

TOP PERFORMING FUNDS

ACS FIXED INT - AUSTRALIA/GLOBAL BOND