What happens if you don't pay the SGC?

Short answer

An unpaid super guarantee charge does not sit quietly. Interest accrues daily, the ATO can garnishee the business's bank account or customers without a court order, a penalty of up to 200% can be added if a statement was never lodged, and directors become personally liable through a penalty that, for late-reported periods, only payment removes. The super guarantee charge is the debt the ATO prioritises.

Two quick answers and we match you with a specialist who works on ATO debt every day.

Free, no obligation, and it takes about 30 seconds.

What the ATO does, and roughly when

StageWhat happens
From the due dateGIC runs daily on the unpaid charge at 11.43% p.a. (July to September 2026 rate). It is not deductible. The 10% nominal interest inside the SGC itself cannot be waived at all.
Statement never lodged (quarters to June 2026)The ATO raises a default assessment and can add a Part 7 penalty of up to 200% of the charge. Voluntary lodgement before the ATO contacts you is treated far more leniently.
Charge assessed, unpaid 28 days (pay days from 1 July 2026)A notice to pay is issued. If still unpaid 28 days after that, a late payment penalty of 25% of the charge is added, or 50% if you had the same penalty in the previous 24 months. That penalty cannot be remitted.
Any time after the debt existsRefunds and credits are offset against it. A garnishee notice can go to the bank, or to customers who owe the business money.
Any time, in parallelEach director is issued a director penalty notice for the same amount. After 21 days the ATO can sue the director personally.

Why super is treated differently from other tax debts

Unpaid super is employees' money, and the ATO's collection approach reflects that. Four features set it apart:

Owe the ATO for unpaid super?

Get a clear picture of interest, penalties and personal exposure. Free, no obligation.

Once matched, we email you the specialist's introduction. Reply to it and they'll be in touch. Nothing is lodged or said to the ATO on your behalf without your say-so.

Free for you, no obligation. We may receive a referral fee from the specialist we match you with - how we make money. Your details stay with us until you reply to their introduction - privacy.

What you can still do

!

DO NOT WAIT FOR THE NOTICE

A director penalty exists before any notice is posted, and the ATO can offset your personal refunds against it without one. The 21 days on a notice run from posting to your ASIC address, whether or not you saw it.

What to do next

  1. List every unpaid quarter or pay day and confirm whether each was reported to the ATO by its due date.
  2. Lodge any missing SGC statement or voluntary disclosure now, before the ATO raises its own assessment.
  3. Call the ATO on 13 11 42 about a payment plan, or ask a specialist to negotiate one, and ask for GIC and penalty remission in the same conversation.
  4. If the company is not viable, get written advice on the director penalty position before deciding anything.

Related questions

Will the ATO know if I just do not lodge the SGC statement?

Almost certainly. Single Touch Payroll tells the ATO what wages were paid, and super funds report what they received. The mismatch is visible, and employees can also lodge a complaint. Under payday super the ATO assesses the charge from that data itself, so there is no longer a statement to avoid.

Does the ATO chase small super debts, or only large ones?

It chases both. The amount matters less than the fact that it is employees' money, and enforcement is largely automated through data matching. Small SGC debts still attract GIC, refund offsets and director penalties, and a history of late super counts against you when the ATO decides on a payment plan or a restructuring vote.

Owe the ATO for unpaid super?

Get a clear picture of interest, penalties and personal exposure. Free, no obligation.

Get help now

More questions: 8 Super guarantee charge questions questions answered · Full guide: Super guarantee charge (SGC)

General information only - not legal, tax or financial advice. Consider advice from a registered professional about your circumstances.