Employee share schemes Miscellaneous 2019

Employees of the gig and sharing economy

Source: Taxation In Australia Journal Article

Published Date: 1 Feb 2019

 

The gig and sharing economy, and technology in general, are accelerating at a rapid pace. In this context, tax rules may not neatly apply to new gig and sharing economy business models. A common advantage that gig and sharing economy businesses assume they have is that employment taxes do not apply to their business models. This article explores whether this belief is well founded or whether these businesses are at risk of non-compliance with employment tax laws. The task of determining whether these laws apply to these new business models is complicated by the nature of both the provisions and the case law in this area. The article focuses on the liability these businesses have to superannuation and pay-as-you-go withholding but similar rules will apply for payroll tax, general employment law and other related purposes. The contractual relationships and physical activity of these businesses is key to applying the relevant rules.

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