Thank you Lynne,
So you don't put them through payroll at all?
Also how do you do your purchase orders to work out what is free from Super?
Our Subbies get paid to complete a job, i.e 'construct a fence and hang gates'. This is where the grey area appears in the 'how to tell the difference between a contractor and employee' on the ATO site. They tick every box for a contractor except for the 'primarily for labour'.
The rate they get covers them for the fact they are using their equipment, purchasing some materials, hire of equipment, travel & insurance costs etc. If we were paying a labourer to just turn up and we were supplying everything he would be on a much lower hourly rate. Do you just work out an average percentage that is factored into the price to cover the extras?
How should they be invoicing us?
I have requested the ATO to give us another ruling and also contacted our accountant but as of yet have heard nothing back from either.
Cheers
Carmel