Under the Tax Laws Amendment (2012 Measures No. 2) Act 2012 directors are now personally liable for their company’s unpaid super guarantee charge.

Companies have until 28 November 2012 to ensure their super guarantee obligations are up to date for the June 2012 quarter or directors risk having to pay the super guarantee charge (SGC) personally.

If you hold a position of director in a company that has not paid the 9% super guarantee (superannuation contributions) for the June 2012 quarter and the company does not lodge the overdue SGC statement with the Australian Taxation Office (ATO) by 28 November 2012, the only way to avoid personal liability will be to pay the outstanding super guarantee charge (SGC).