Unterbezahlte Superannuation für Skilehrer führt zu Nachzahlungen und Strafen
Definition
Ski schools commonly pay instructors a mix of hourly wages plus commission per lesson, often with highly variable rosters and seasons. Where lesson bookings and commissions are tracked in separate systems (or spreadsheets) from payroll, employers frequently omit commission components from ordinary time earnings or miss SG on some casual shifts. The ATO states that employers who do not pay the correct super by the due date must pay the Superannuation Guarantee Charge (SGC), which is made up of the super shortfall calculated on a broader base, nominal interest at 10% and an administration fee of AUD 20 per employee per quarter.[1] The SGC is not tax-deductible.[1] For repeated or significant underpayments, the ATO can also impose Part 7 penalties of up to 200% of the SGC.[1] In reviews of hospitality and seasonal industries, super shortfalls of 2–6 years are common, with remediation amounts running from tens of thousands to millions of dollars. For a mid-sized Australian ski school with, for example, 40 instructors each earning an extra AUD 8,000 in lesson commissions per season that are incorrectly excluded from OTE, the missed SG at 11.5% is AUD 36,800 per season. Over four seasons this is AUD 147,200 in principal. Adding SGC interest (~10% p.a. simple) and administration fees (AUD 20 per instructor per quarter) can easily add AUD 30,000–50,000. If the ATO additionally applies a 50% Part 7 penalty (a typical reduced penalty when there is some cooperation), the total payable can exceed AUD 250,000 for what began as record-keeping errors on commission payments. This is a LOGIC-based estimate grounded in ATO’s SGC formula and published penalty framework; the exact loss will vary by resort size and audit period.
Key Findings
- Financial Impact: Quantified (logic-based): For a ski school with 40 instructors and AUD 8,000 seasonal commissions each that were excluded from OTE over 4 seasons: super shortfall ≈ AUD 147,200 (11.5% SG); SGC interest and admin ≈ AUD 30,000–50,000; plausible ATO Part 7 penalty at 50% ≈ AUD 73,600; total exposure in an ATO review ≈ AUD 250,000–270,000 for four years, plus internal remediation and advisory costs.
- Frequency: Medium to high in seasonal, casual-heavy operations; crystallises upon ATO review or employee complaint, usually covering 2–5 prior years.
- Root Cause: Fragmented systems between ski school lesson bookings and payroll; manual calculation of instructor commissions; misunderstanding that lesson commissions or per-lesson payments are not part of ordinary time earnings; lack of periodic reconciliation between booked lessons and payroll; high seasonal staff turnover reducing institutional compliance knowledge.
Why This Matters
The Pitch: Ski resorts and Skischulen in Australia 🇦🇺 waste AUD 10,000–150,000+ over several years on Superannuation Guarantee Charge, adviser fees and remediation for miscalculated instructor commissions. Automation of lesson booking–to–payroll integration and SG calculations on commissions eliminates this risk.
Affected Stakeholders
Resort CFO/Finance Manager, Payroll Manager, Ski School Director, HR Manager, External Tax/Payroll Adviser, Ski and snowboard instructors (employees and certain contractors later reclassified as employees)
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Financial Impact
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Current Workarounds
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Methodology & Sources
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Related Business Risks
Fehlklassifizierung von Skilehrern als Auftragnehmer statt Arbeitnehmer
Nicht abgerechnete oder versehentlich rabattierte Skikurs-Buchungen
Verlorene Auslastung durch manuelle Skikurs-Planung und Überbuchung/Unterbuchung
Customer Friction from Dynamic Pricing
Pricing Visibility Errors
GST Reporting Complexity
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