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ATO - Contractor vs Employee

Discussion in 'Melbourne' started by Kollel, Apr 13, 2017.

  1. Kollel

    Kollel

    Location:
    St.kilda
    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.
     
    eXperiment likes this.
  2. uber kollaa

    uber kollaa

    Location:
    Melbourn
    How you challange, we all are conttactors :)
     
  3. frangafuber

    frangafuber

    Location:
    Melbourne
    Driving:
    UberX
    Can't see how we could be employees
     
  4. Kollel

    Kollel

    Location:
    St.kilda
    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
     
    5starMelb and eXperiment like this.
  5. Infrequent

    Infrequent

    Location:
    Melbourne
    So are you going to ask Uber to make a superannuation contribution?
     
  6. Graham J

    Graham J

    Location:
    Melbourne
    Good luck in pursuing that argument Kollel!
     
  7. Instyle

    Instyle Moderator

    Location:
    Gold Coast
    Keep us informed, complain they haven't deposited any of your Superannuation!
     
  8. Kollel

    Kollel

    Location:
    St.kilda
    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
     
    eXperiment likes this.
  9. We are Sara ants
     
  10. As Uber is registered offshore they don't have any liability here
     
  11. Graham J

    Graham J

    Location:
    Melbourne
    What a troublemaker you are bringing facts into the discussion! Please get back to emotions!
     
  12. Instyle

    Instyle Moderator

    Location:
    Gold Coast
    Personally, I find it quite insulting that Uber pick and choose which entity they want to use for certain circumstances. Uber Aust P/L for tax offset, GST credit, employee wages etc. and Uber BV for all things liability.
     
  13. Graham J

    Graham J

    Location:
    Melbourne
    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
     
  14. Who is John Galt?

    Who is John Galt? Author

    Location:
    ADL - in the car
    Driving:
    UberX
    Source please :)
     
  15. 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).
     
  16. Graham J

    Graham J

    Location:
    Melbourne
    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?
     
  17. prk

    prk

    Location:
    australia
    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.

    Uber only needs to pay Super if drivers are classified as Employees.
     
    Ben Hall likes this.
  18. here is the ATO link for the employee/contractor test

    https://www.ato.gov.au/Calculators-...DTSGET/questions/ECDT#ECDTSGET/questions/ECDT

    on the face of it it does indicate that uber drivers are employees however many other factors would have to be considered.

    The ability to work other "ride share platforms" i believe would negate the void the employee decision
     
    Jack Malarkey likes this.
  19. prk likes this.
  20. prk

    prk

    Location:
    australia
    interesting read , Jack. maybe you are entitled to super under the SGAA.
     
    Jack Malarkey likes this.

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