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ATO - Contractor vs Employee

Kollel

Well-Known Member
it appears that the ATO is conning all drivers into believing that they are contractors and not employees.

I challenged the ATO after receiving their latest letter.
 

Kollel

Well-Known Member
  • Thread Starter Thread Starter
  • #4
The assumption that we are contractors has not been upheld in Court. In fact , i informed the ATO that according to their own test it appears that we are defined as employees as such. I called them and they couldn't reply. Instead they suggested i put it in writing and request a ruling. Instead I gave them the evidence as per the current ATO definitions and requested that they retract. It is a week and I haven't had a reply
 

Infrequent

Well-Known Member
it appears that the ATO is conning all drivers into believing that they are contractors and not employees.

I challenged the ATO after receiving their latest letter.
So are you going to ask Uber to make a superannuation contribution?
 

Instyle

Well-Known Member
Moderator
The assumption that we are contractors has not been upheld in Court. In fact , i informed the ATO that according to their own test it appears that we are defined as employees as such. I called them and they couldn't reply. Instead they suggested i put it in writing and request a ruling. Instead I gave them the evidence as per the current ATO definitions and requested that they retract. It is a week and I haven't had a reply
Keep us informed, complain they haven't deposited any of your Superannuation!
 

Kollel

Well-Known Member
  • Thread Starter Thread Starter
  • #8
I am not complaining like all of you who are constantly doing so. According to the ATO Uber needs to pay super.
Therefore, It is up to ATO to pursue issue. Not me.

I will be off air till Sunday
 

Graham J

Well-Known Member
Many multi-national corporations play silly buggers with their registered offices but usually it doesn't hurt their employees/contractors but Uber use it to screw us which is the vile part
 

Jack Malarkey

Well-Known Member
An employee is ineligible to claim the small business instant asset writeoff or the small business tax offset (which reduces annual income tax payable by up to $1,000).
 

Graham J

Well-Known Member
According to the ATO Uber needs to pay super.
Therefore, It is up to ATO to pursue issue. Not me.
Can you quote the part of the Act that says Uber needs to pay super? Withholding a person's superannuation is a very serious offence so do you believe Uber have been withholding every driver's superannuation and the ATO are simply ignoring it. Is that what you are claiming?

Have you approached Uber for your entitlements? What did they say to you?
 

prk

Well-Known Member
If you can get a written ruling out of them, it might be worth your while.
A written ruling from the ATO will stand up in court.

Can you quote the part of the Act that says Uber needs to pay super? Withholding a person's superannuation is a very serious offence so do you believe Uber have been withholding every driver's superannuation and the ATO are simply ignoring it. Is that what you are claiming?

Have you approached Uber for your entitlements? What did they say to you?
Uber only needs to pay Super if drivers are classified as Employees.
 

Ben Hall

Well-Known Member
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