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可以。
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Q. I am a sole trader importing garments I sell in local markets. I conduct my business after working in my normal job and during the weekends. My wife is a full time employee in the business and looks after administration and marketing. I am paying her $3,000 per month for her work. Do I need to keep any documents to show that she is a full time employee? What are the rules relating to employing your wife for claiming a tax deduction?
A. There is nothing stopping you employing your wife but you must make sure that you have all of the required registrations and meet the other obligations relating to employing someone. The first of these will be you registering with the ATO as a PAYG withholding employer. When you pay your wife her salary each month you will need to work out how much PAYG withholding tax to deduct, pay her the net wage, and once a quarter pay the tax withheld to the ATO.
In addition you will need to need to register as an employer for Workcover and superannuation. This will result in you paying insurance, at a rate determined by the work done by your wife, on the salary you pay her. In addition you will need to pay superannuation to her super fund, which is currently 9 per cent of her salary.
You will also need to make sure that you satisfy all of the requirements laid down by the Fair Work Act 2009 for employers. This will not only mean giving your wife a payslip every time you pay her but there will be other paperwork that must be completed specified by the Fair Work regulations.
As you will be claiming a tax deduction for the salary paid to your wife you should also make sure that you have good employee records to support what you are paying her. This should at least be in the form of records that show how many hours a month she is working and what hourly rate you are paying her.
You should give some consideration to operating your business as a partnership rather than as a sole trader, as your wife is so heavily involved in it with you. This would mean she would receive a share of the profits, instead of paying her a wage, with all of the add-on costs that this involves. You should seek advice from an accountant that specialises in small business matters before doing anything. |
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