21 June 2026 · 9 min read
Quick Answer
PAYG withholding is the system where Australian employers deduct income tax from employee wages and remit it to the ATO. You must register before making your first payment, withhold the correct amount using ATO tax tables, and report every pay event through Single Touch Payroll. Penalties for late or incorrect withholding start at 25% of the shortfall and can reach 75% for deliberate avoidance.
PAYG withholding is not optional, and it is not something you can catch up on at tax time. The moment you hire an employee or engage certain contractors in Australia, you become a withholding agent under Schedule 1 of the Taxation Administration Act 1953 — personally liable for every dollar of tax you should have deducted but didn't.
For the 2025–26 financial year, Australian small businesses are juggling three simultaneous pressures: updated ATO tax tables that took effect 1 July 2025, a minimum wage increase of 3.5% that lifted the national minimum to $24.10 per hour from the same date, and the looming Payday Super obligation that takes effect 1 July 2026 — less than 90 days away as of the date this guide was published. Each change affects how much you withhold, when you remit, and how tightly your payroll cash flow must be managed.
This guide gives you the exact figures, thresholds, deadlines, and practical steps you need to run PAYG withholding correctly in 2025–26. Whether you're processing your first payroll or cleaning up years of ad hoc payments, the rules are the same — and the ATO's data-matching through Single Touch Payroll means errors surface faster than ever before.
PAYG withholding requires any entity that pays salary, wages, or certain contractor payments to deduct tax at source and remit it to the ATO on the worker's behalf. The legal obligation sits in Schedule 1, Division 12 of the Taxation Administration Act 1953. You are not holding the money in trust — you are legally required to send it to the ATO, and failure to do so makes you personally liable even if your business is a company or trust.
You must register for PAYG withholding before you make your first withholding payment. Registration is done through your Australian Business Account (myGovID) or via a registered tax or BAS agent. There is no registration fee and no minimum employee count — a sole trader hiring their first casual worker on a Saturday must register before that first pay run. The ATO cross-references your business activity statement, STP data, and payroll records, so gaps are identified quickly.
The obligation extends beyond employees. Under Section 12-35 of Schedule 1, you must also withhold from payments to contractors who do not quote an ABN, from voluntary agreements with contractors who want PAYG withheld, and from labour-hire arrangements. If a contractor quotes a valid ABN and is genuinely running their own business, you generally do not withhold — but the contractor-vs-employee distinction is a common audit trigger, and the ATO applies a multi-factor test, not a single label.
ATO rule: If a contractor does not quote an ABN, you must withhold 47% of the gross payment — the top marginal rate — and remit it to the ATO. No exceptions.
Registration checklist
The ATO publishes updated tax withholding tables at the start of each financial year, and the 2025–26 tables reflect the Stage 3 tax cut changes that were legislated and took full effect from 1 July 2024, carrying through into 2025–26. The resident individual tax rates for 2025–26 are: 0% on income up to $18,200; 16% on $18,201–$45,000 (reduced from 19% in prior years); 30% on $45,001–$135,000; 37% on $135,001–$190,000; and 45% above $190,000. The Medicare Levy of 2% applies on top for most residents, bringing the effective top rate to 47%.
For payroll purposes you do not apply these bracket rates manually — you use the ATO's published withholding tables (NAT 1008 for weekly, NAT 1005 for fortnightly, NAT 1006 for monthly) or an ATO-approved payroll system that applies the same formula. The tax-free threshold, which employees claim on their Tax File Number declaration, lifts the effective zero-rate band to $18,200 annual equivalent. Employees who do not claim the threshold — typically those with multiple jobs — are withheld at the higher no-threshold scale, which is Scale 4 in ATO terminology.
From 1 July 2025, the national minimum wage rose 3.5% to $24.10 per hour ($915.90 per 38-hour week before tax). This directly affects your withholding calculation: a full-time minimum wage worker on weekly pay in the 2025–26 year requires withholding of approximately $102 per week after the tax-free threshold, based on the ATO's Scale 1 weekly earnings table. Always use the published table or a compliant software system — rounding errors on the wrong side of the ledger accumulate across a year.
Use ATO NAT 1008 (weekly) or NAT 1005 (fortnightly) tax tables for 2025–26. If your payroll software hasn't updated to the current year's tables, every pay run is producing incorrect withholding amounts.
2025–26 quick-reference rates
The ATO assigns withholder categories based on how much you withhold annually, and your remittance frequency depends on which category you fall into. Small withholder: annual PAYG withholding up to $25,000 — you remit quarterly, on the same cycle as your BAS. Medium withholder: $25,001 to $1 million — you remit monthly, by the 21st of the following month. Large withholder: above $1 million — you remit twice weekly within defined clearing house windows. Most small businesses start as small withholders, but growth can push you into the monthly category mid-year, and the ATO will notify you when that happens.
For small withholders on a quarterly BAS cycle, the 2025–26 due dates are: Q1 (July–September) due 28 October 2025; Q2 (October–December) due 28 February 2026; Q3 (January–March) due 28 April 2026; Q4 (April–June) due 28 July 2026. If you lodge through a registered BAS agent, some of these dates are extended — confirm the extension schedule with your agent each quarter. Late remittance triggers the Shortfall Interest Charge (currently 10.01% per annum) plus a Failure to Withhold penalty of 75% of the shortfall for deliberate avoidance, or 25% for non-intentional cases.
Single Touch Payroll, which has been mandatory for all employers since 1 July 2021 under the PAYG Withholding amendments to the TAA 1953, means the ATO receives your payroll data — including gross wages, tax withheld, and super liability — on or before each pay day. This is separate from your BAS remittance. STP is the reporting mechanism; your BAS is the payment mechanism. Getting one right and not the other still triggers a compliance issue.
If your total annual PAYG withholding crosses $25,000, the ATO will reclassify you as a medium withholder and require monthly remittance from the following month. Missing the switch means late payment penalties on every month you were in the wrong category.
2025–26 quarterly BAS due dates (small withholder)
Contractor PAYG withholding is one of the most misunderstood areas in Australian small business payroll. The starting rule is simple: if a contractor quotes a valid ABN, you do not withhold. But three situations override that default, and all three are common in small business contexts.
First, if a contractor does not quote their ABN on their invoice or at the time of payment, you are legally required to withhold 47% of the gross payment under Section 12-190 of Schedule 1 TAA 1953. This applies even if you know the contractor personally, even if they give you their ABN verbally, and even if the invoice was accidentally omitted. Second, you and a contractor can enter a Voluntary Agreement (ATO form NAT 2772) where the contractor opts into PAYG withholding — useful for contractors with irregular income who want to avoid a large tax bill at EOFY. Under a voluntary agreement, you withhold at either a flat 20% rate or the rate specified in the agreement. Third, if a contractor is later reclassified as an employee under the ATO's or Fair Work's multi-factor test, all prior payments become retrospectively subject to PAYG withholding, and you bear the liability for the unpaid amounts.
The contractor-vs-employee reclassification risk increased after the High Court decisions in CFMMEU v Personnel Contracting [2022] HCA 1 and ZG Operations v Jamsek [2022] HCA 2, which reinforced that the written contract is the primary determinant of the relationship. However, the ATO still applies its own separate test for tax purposes, which looks at control, integration, and economic dependence. If you're paying the same individual more than $25,000 per year under a contractor arrangement, document the relationship carefully and consider a voluntary withholding agreement as a risk mitigant.
Voluntary Agreement withholding rate: flat 20% or as specified in the NAT 2772 form. This is the contractor's choice, not yours — but you benefit from the protection it creates if the relationship is later scrutinised.
From 1 July 2026 — fewer than 90 days away — Payday Super requires employers to pay superannuation on or before the same day as wages, replacing the current quarterly payment cycle. This is the single biggest payroll systems change since STP became mandatory. It directly affects PAYG withholding operations because it collapses the gap between gross pay, tax withholding, and super payment into a single same-day transaction.
The cash flow implication is severe. Under the current system, a small business pays wages weekly, withholds PAYG, remits to the ATO quarterly, and pays super quarterly. From 1 July 2026, every weekly pay run requires a simultaneous super payment of 11.5% of ordinary time earnings (rising to 12% from 1 July 2026 under the Super Guarantee (Administration) Act 1992). If your payroll software calculates PAYG correctly but hasn't been updated to trigger a same-day super payment, you'll be compliant on withholding and non-compliant on super simultaneously — and both attract penalties. SAB Account AI's payroll module is being updated to handle same-day super scheduling alongside PAYG calculations so both obligations are met from the same pay run.
The ATO will enforce Payday Super through real-time data matching between STP submissions and super fund clearing house receipts. The penalty for late super under the Super Guarantee Charge framework is the unpaid amount plus an 10% per annum charge, plus a $20 administration fee per employee per quarter — and SGC payments are not tax-deductible. The cost of non-compliance exceeds the cost of updating your systems by a significant margin. If you are still on manual payroll spreadsheets or legacy software, July 1 is a hard deadline, not a soft recommendation.
URGENT: Payday Super takes effect 1 July 2026. Super must be paid on the same day as wages. The Super Guarantee rate also rises to 12% on that date. Both changes require a payroll software update before your first July 2026 pay run.
The five most common PAYG withholding errors the ATO identifies in small business audits are: withholding at the wrong scale (using Scale 2 no-threshold when the employee has lodged a TFN declaration claiming the threshold); failing to update withholding when an employee's tax situation changes mid-year; treating employees as contractors to avoid registration; not withholding from no-ABN contractors; and remitting on time but reporting incorrect gross wages in STP, creating a reconciliation mismatch at EOFY.
Fixing a historical withholding shortfall requires lodging an amendment to your activity statement for the relevant period, paying the outstanding amount, and disclosing the error. Voluntary disclosure before the ATO initiates contact typically reduces the penalty to 5% of the shortfall rather than the standard 25%. The ATO's Tax Help program and the Small Business Assist line (13 28 66) can guide you through the amendment process. If the shortfall spans multiple years, consider engaging a registered tax agent to manage the disclosure — the cost of professional advice is almost always less than the penalty exposure.
For ongoing compliance, the simplest control is a monthly reconciliation: take your total gross wages paid, apply the relevant average withholding rate for your workforce, and compare the result to actual PAYG withheld. A variance of more than 2–3% is a signal to investigate before it becomes an audit finding. SAB Account AI generates this reconciliation automatically as part of each payroll close, flagging discrepancies before your BAS is lodged rather than after the ATO's data matching catches them.
Voluntary disclosure reduces the shortfall penalty from 25% to 5%. If you've found an error, disclose it before the ATO contacts you — the savings are significant on any amount above $5,000.
Top 5 errors identified in ATO small business reviews
SAB Account AI calculates PAYG withholding automatically, lodges STP on every pay day, and will handle same-day Payday Super from 1 July 2026 — start your free trial at sabaccountai.com before the deadline hits.
SAB Account AI — ATO-compliant invoicing and payslips for Australian small businesses. From $9/mo.
Start free trialSmall withholders are businesses that withhold up to $25,000 in total PAYG per year — they remit quarterly on the BAS cycle. If you exceed $25,000, the ATO reclassifies you as a medium withholder and you must remit monthly by the 21st of the following month.
You must register before you make your first withholding payment — there is no grace period. Registration is free through your Australian Business Account (myGovID) or via a registered BAS agent.
A full-time employee earning the national minimum wage of $24.10 per hour ($915.90 per week) who claims the tax-free threshold requires approximately $102 per week withheld under the ATO's Scale 1 weekly tax table (NAT 1008). Use the current ATO table, not a manual bracket calculation.
You must withhold 47% from any contractor payment where the contractor does not quote a valid ABN — this is mandatory under Section 12-190 of Schedule 1, TAA 1953. If the contractor quotes a valid ABN and is genuinely independent, no withholding is required unless you enter a voluntary agreement.
Late remittance triggers the Shortfall Interest Charge (currently 10.01% per annum) plus a Failure to Withhold penalty of 25% of the shortfall for non-intentional cases, or 75% for deliberate avoidance. Directors of companies can also be personally liable under the Director Penalty Regime.
PAYG withholding is the tax you deduct from employee and contractor payments and remit to the ATO — it's an employer obligation. PAYG instalments are prepayments of your own income tax liability as a business owner or investor, calculated by the ATO based on your prior year income. They are separate systems reported on the same BAS form.
Payday Super doesn't change the PAYG withholding calculation itself, but from 1 July 2026 super must be paid on the same day as wages, and the Super Guarantee rate rises to 12%. Your payroll system must handle both obligations simultaneously in each pay run — failure to do so creates a super compliance breach even if PAYG is correct.
Lodge an amendment to the relevant activity statement through your ATO Business Account or via your BAS agent, pay the outstanding amount, and consider voluntary disclosure — disclosing before the ATO contacts you reduces the penalty from 25% to 5% of the shortfall. Call the ATO Small Business Assist line on 13 28 66 if you need guidance on the amendment process.