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Sullivan Dewing

The Danger of Misclassifying Contractors

Updated: Nov 29, 2023

Many business owners assume that if they hire independent contractors, they will not be responsible for PAYG withholding, superannuation guarantee, payroll tax and workers compensation obligations. However, each set of rules operates slightly differently and, in some cases, genuine contractors can be treated as if they were employees. There are significant penalties faced by employers that get it wrong.

A genuine independent contractor who is providing personal services will typically be:

  • Autonomous rather than subservient in their decision-making;

  • Financially self-reliant rather than economically dependent on your business; and

  • Chasing profit (that is, a return on risk) rather than simply accepting a payment for the time, skill and effort provided.



If you have any questions please do not hesitate to contact your Client Manager or one of the team at Sullivan Dewing.



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