🇦🇺Australia

Nichtzahlung oder verspätete Zahlung der Superannuation für scheinbar selbständige Übersetzer

3 verified sources

Definition

Under Australian law, employers must pay superannuation guarantee contributions (currently 11.5% of ordinary time earnings) at least quarterly by defined cut‑off dates; late or unpaid contributions trigger the Superannuation Guarantee Charge (SGC), which comprises the unpaid super, 10% interest per year and an administration fee of AUD 20 per employee per quarter. The ATO explicitly states that some contractors, if engaged wholly or principally for their labour, are treated as employees for SG purposes, even if they have an ABN and invoice for their work. Translation agencies frequently pay interpreters and translators based on per‑hour or per‑day assignments similar to casual staff, often via contractor invoices rather than payroll; if these workers meet the SG ‘employee’ definition but are excluded from super and no contributions are made by the quarterly due dates, the agency becomes liable for SGC and may face additional penalties up to 200% of the SGC for intentional or repeated non‑compliance. Because the SGC is non‑deductible for income tax, the effective cost of rectification is higher than paying super correctly and on time.

Key Findings

  • Financial Impact: Quantified: For a contractor‑like interpreter earning AUD 80,000 over 2 years with no super paid: missed SG ≈ AUD 18,400; SGC interest ≈ AUD 3,000–3,500; administration fees (8 quarters × AUD 20) = AUD 160; plus potential penalties of 50–200% of the SGC (≈ AUD 9,000–40,000). Total exposure per interpreter: ≈ AUD 30,000–60,000 in back‑payments, fees, interest and penalties.
  • Frequency: Medium in agencies that rely heavily on so‑called freelancers for on‑site interpreting and ongoing translation services; risk compounds over multiple years and multiple workers until discovered by review or ATO audit.
  • Root Cause: Treating all invoice‑based language professionals as outside the SG regime without checking SG contractor rules; lack of integration between vendor payment systems and superannuation calculation; no automated alerts for quarterly SG deadlines for pseudo‑employees; misunderstanding that having an ABN or invoice always means ‘no super needed’.

Why This Matters

The Pitch: Translation and localization firms in Australia 🇦🇺 frequently underpay super for contractor‑like translators and interpreters, creating hidden SG Charge exposures of AUD 5,000–20,000 per affected worker. Automating eligibility checks and SG calculations on all language professionals’ payments removes this recurring liability.

Affected Stakeholders

Finance Manager, Payroll Manager, HR / People & Culture, Vendor Manager, Agency Owner/Managing Director

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Fehlentscheidungen bei der Preisgestaltung durch unzureichende Transparenz der Freelancer-Kosten

Quantified (Logic): If an agency with AUD 3 million in annual revenue under‑prices 10% of projects by an average of 8% due to unaccounted freelancer‑related costs (e.g. SG, FX fees, urgent surcharges paid but not billed), the margin loss is ≈ AUD 24,000 per year on those projects alone (3,000,000 × 10% × 8%). Including knock‑on effects like needing to pay interpreters higher rates to maintain supply without repricing existing contracts can push total annual impact into the AUD 50,000–100,000 range for a mid‑size LSP.

Fehlende oder fehlerhafte Meldung von Freelancer-Zahlungen an ATO (STP & PAYG)

Quantified: For one misclassified translator paid AUD 60,000 per year over 3 years: Super shortfall ≈ AUD 20,700 (11.5% SG + 10% p.a. interest + admin fees), plus PAYG under‑withholding of ≈ AUD 45,000, and ATO penalties up to 75–200% of the shortfall. Total exposure: ≈ AUD 70,000–120,000 per affected freelancer over an ATO audit period. Additionally, late or missing STP reports can incur FTL penalties from AUD 330 up to AUD 1,650 per late reporting period for small/medium entities.

Fehlende oder fehlerhafte Abrechnung von Übersetzungsleistungen (Wortzählung, Zuschläge, Stornos)

Quantified (Logic): If a mid‑size Australian language service provider bills AUD 2 million per year and suffers 3–7% under‑billing from missed words, urgent loadings and cancellation fees, the annual loss equals ≈ AUD 60,000–140,000 in gross revenue. At project level, a 5% miscount on a 10,000‑word job at AUD 0.18/word loses ≈ AUD 90; a waived same‑day urgency loading of 25% on a AUD 1,000 job leaks AUD 250; failing to charge a cancellation fee for a full‑day interpreter booking at AUD 900/day can lose the full AUD 900 if the slot cannot be rebooked.

Verzögerter Zahlungseingang durch manuelle Rechnungsstellung und Abstimmung von Freelancer-Zahlungen

Quantified (Logic): For an agency with AUD 1.5 million in annual turnover and 35‑day DSO instead of a potential 25 days (10‑day drag driven largely by slow freelancer cost calculation and BAS‑driven batch invoicing), ≈ AUD 41,000 in extra working capital is permanently tied up. If financed via overdraft at 9% interest, this costs ≈ AUD 3,700 per year in interest alone; larger agencies at AUD 5 million revenue with a 15‑day DSO drag would have ≈ AUD 205,000 locked up, costing ≈ AUD 18,000 per year in financing costs.

Hohe Zahlungsgebühren und Wechselkursverluste bei internationalen Freelancer-Transaktionen

Quantified: If an Australian LSP pays AUD 300,000 per year to overseas translators via PayPal at an effective 3.5% total cost (fees + FX spread), annual leakage is ≈ AUD 10,500. For AUD 800,000 of such spend at 4%, the loss is ≈ AUD 32,000 per year. On a per‑payment basis, a AUD 1,000 invoice paid at 3.9% fee consumes AUD 39 in charges; repeated across 50 such payments per month, this equals ≈ AUD 23,400 per year.

Abgelehnte Übersetzungen wegen Formfehlern

Quantified: ca. AUD 300–600 zusätzlicher interner Aufwand pro abgelehntem Dokument; bei 10–30 Fehlfällen pro Monat ≈ AUD 36.000–216.000 pro Jahr.

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