Question 1

What can I claim as a tradie?

Accepted Answer

You can claim expenses you've paid yourself that relate directly to earning your income and that you have records for: tools and equipment, your work vehicle, protective clothing, licences and registrations, the work portion of phone and internet, advertising, accounting fees and some home-office costs. Keep the invoices, receipts and logbooks.

Question 2

Can I claim my car or ute?

Accepted Answer

For a car you choose either cents-per-kilometre (capped kilometres, no receipts but you must show how you worked it out) or the logbook method (business-use percentage of actual costs). A ute or larger vehicle that isn't classed as a 'car' is claimed as the business portion of actual running costs. Keep a logbook, odometer readings and receipts.

Question 3

What travel can I claim?

Accepted Answer

You can claim travel between job sites, to pick up materials, or to see clients, plus accommodation and meals when you're genuinely away overnight for work. You can't claim normal home-to-a-regular-workplace trips. Keep a diary and receipts.

Question 4

Can I claim my work clothes?

Accepted Answer

Protective clothing and footwear — steel caps, hi-vis, hard hats, safety glasses — and occupation-specific gear are deductible. Plain clothes like jeans aren't, even if you only wear them on the job.

Question 5

When do I have to register for GST?

Accepted Answer

You must register once your GST turnover reaches $75,000, or as soon as you expect it to. Once registered you charge 10%, claim credits on business purchases, and lodge a BAS (usually quarterly).

Question 6

What goes on my BAS?

Accepted Answer

Your BAS reports the GST you collected on sales, the GST credits on your purchases, any PAYG withheld from staff, and any PAYG instalments. Lodge it by the due date — usually quarterly — and keep your records for at least five years.

Question 7

Do I have to lodge a TPAR?

Accepted Answer

If you're in building and construction and you pay contractors for labour and related services, you generally have to lodge a Taxable Payments Annual Report listing each contractor's ABN, name, address and the total you paid them. It's due 28 August.

Question 8

Can I write off my tools immediately?

Accepted Answer

Low-cost tools used mainly for the business can be deducted immediately up to the instant asset write-off threshold — $20,000 per asset for 2025–26 (turnover under $10m), dropping to $1,000 from 1 July 2026. More expensive items are depreciated over their effective life or pooled.

Question 9

Can I claim a home office or shed?

Accepted Answer

If part of your home, garage or shed is used mainly for the business — quoting, admin, storing tools — you can claim a reasonable portion of running costs like electricity and internet, apportioned by floor area and time. Be careful claiming occupancy costs, and keep records.

Question 10

How long do I keep records?

Accepted Answer

Keep your income, expense, vehicle, payroll and TPAR records for at least five years from when you lodge the relevant return or BAS. Digital copies are fine as long as they're clear and accessible.

Question 11

When do I have to pay super?

Accepted Answer

You pay super guarantee for your employees, and for some contractors who are paid mainly for their labour even if they have an ABN. It applies to adults and to eligible under-18s (generally working more than 30 hours a week).

Question 12

What earnings is super calculated on?

Accepted Answer

Super is calculated on ordinary time earnings — ordinary-hours pay, salary and most regular allowances such as site allowances, and some bonuses. Clearly-identified overtime is usually not included.

Question 13

What's the super rate and how often do I pay?

Accepted Answer

Super guarantee is 12% of ordinary time earnings (2025–26), paid at least quarterly by the due dates through SuperStream. From 1 July 2026 it moves to 'payday super', paid at the same time as wages.

Question 14

I paid super late — what happens?

Accepted Answer

Late or short super means you have to lodge a Super Guarantee Charge (SGC) statement and pay the SGC: the shortfall, interest and an admin fee. It's more expensive than the super would have been, and parts of it aren't tax-deductible.

Question 15

How do I fix a super underpayment?

Accepted Answer

Work out the unpaid super for each worker and quarter, lodge an SGC statement, and pay the assessed charge. Then correct your payroll records and adjust going forward so it doesn't recur.

Question 16

What are PAYG instalments and when do they start?

Accepted Answer

They're regular pre-payments toward your income tax on business and investment income, based on your last return. The ATO usually puts you in the system, and notifies you, after your first profitable year.

Question 17

How do I work out what to pay?

Accepted Answer

Follow the amount or rate on your instalment notice or BAS — you can either pay the set dollar amount the ATO calculates, or apply an instalment rate to your actual income for the period.

Question 18

Can I vary my instalments down?

Accepted Answer

Yes — you can vary the amount or rate if you expect your tax for the year to be lower. But if you vary too far down and underpay significantly, the ATO can charge interest and sometimes penalties, so make a reasonable estimate and keep evidence.

Question 19

My income dropped mid-year — what do I do?

Accepted Answer

Vary your instalments down for the remaining periods so you're not pre-paying tax you won't owe. Any overpayment is refunded or applied when you lodge your return.

Question 20

How do PAYG instalments reconcile at tax time?

Accepted Answer

When you lodge your return your actual tax is worked out and the instalments you've already paid are subtracted. If you've overpaid you get a refund; if you've underpaid you pay the balance.

Question 21

What do I need to set up before my first employee?

Accepted Answer

You'll need to register for PAYG withholding, set up Single Touch Payroll–compliant payroll, collect a TFN declaration from each worker, set up super for them, and start keeping employee records. You'll also need to think about workers compensation, payroll tax if you're over the threshold, and WHS.

Question 22

What must a payslip show, and when?

Accepted Answer

A payslip must show the employer and employee names, the pay date and period, gross and net pay, tax withheld, super, and hours and rates. You have to give it within one working day of payment, even if a payroll provider does it for you.

Question 23

How do I handle minimum wage increases?

Accepted Answer

You must pay at least the minimum rates in the relevant award or agreement for the worker's classification, including the annual increases set by the Fair Work Commission. These often take effect from 1 July — update your payroll from the effective date.

Question 24

Do I pay penalty rates on public holidays?

Accepted Answer

If a worker works a public holiday they're generally entitled to penalty rates under the award. If they're absent on a public holiday that's a normal working day, pay rules depend on their employment type. You can't roster someone off just to dodge the entitlement.

Question 25

What else am I on the hook for as an employer?

Accepted Answer

Beyond wages you withhold and remit PAYG, pay super at the SG rate, keep records and meet leave entitlements under the NES, and consider workers compensation insurance, payroll tax above the threshold, and your WHS duties as an employer.

Question 26

What counts as a 'valid' payment claim, and what must I include?

Accepted Answer

A valid payment claim has to identify the construction work (or related goods and services) it covers and state the amount claimed, and be served on or from a 'reference date' under your contract or the Act. Get the basics right — who, what work, how much, and the date — and keep a record of how and when you served it.

Question 27

Do I have to write 'this is a payment claim under the Act' on the invoice?

Accepted Answer

In most states you no longer have to add that endorsement — it was removed in NSW and several others — but a few regimes still expect it, so check your state. There's no single national form; the claim just needs the required content. When in doubt, add the endorsement: it can't hurt.

Question 28

Can sole traders and subbies use Security of Payment?

Accepted Answer

Yes — it's for anyone who carries out construction work or supplies related goods and services under a construction contract, sole traders and labour-only tradies included, not just big builders. The main carve-outs are some residential owner-occupier contracts in certain states.

Question 29

What if they ignore my claim and never send a payment schedule?

Accepted Answer

If they don't serve a payment schedule within the statutory window, you can generally become entitled to the full claimed amount as a debt — and in some states you must give a second notice first. You can then recover it in court or proceed to adjudication. The exact deadlines and steps vary by state.

Question 30

Can the other side dispute my claim, and how?

Accepted Answer

Yes — they dispute by serving a payment schedule within the deadline that says how much they propose to pay and why it's less. If they don't schedule, they usually lose the right to raise those reasons later. No schedule, no defence.

Question 31

What's the deadline to apply for adjudication if I miss it?

Accepted Answer

Adjudication has strict, short deadlines that run from the payment schedule (or from the missed deadline) and vary by state. Miss the window and you generally lose the right to adjudicate that claim — though you can often serve a fresh claim on the next reference date. Treat SOP dates as hard.

Question 32

Do I lose my rights if my payment claim is slightly wrong?

Accepted Answer

A minor error usually doesn't sink a claim if it still identifies the work and the amount, but a wrong reference date or missing essentials can. The safest fix is to withdraw and re-serve a corrected claim on a valid reference date rather than argue about it later.

Question 33

Can I run adjudication and a tribunal/court claim at the same time?

Accepted Answer

SOP is a fast, interim 'pay now, argue later' process, and you can generally run it alongside or before a tribunal or court claim about the final entitlement. An adjudication determination binds the parties on an interim basis until the dispute is finally resolved.

Question 34

I won adjudication but they still won't pay — what now?

Accepted Answer

You obtain an adjudication certificate and file it as a judgment in the appropriate court, then enforce it like any other debt (garnishee, writ, or a statutory demand on a company). The determined amount is recoverable as a debt.

Question 35

Does using SOP stop me suspending work or charging interest?

Accepted Answer

No — SOP sits on top of your contract. Depending on your contract and state you may also be able to suspend work for non-payment (usually after notice), charge interest, and use your other contractual rights. SOP adds a fast route; it doesn't replace them.

Question 36

Client won't pay or says the work's defective — which tribunal?

Accepted Answer

Building and consumer-trader disputes are heard by the state tribunal — NCAT (NSW), VCAT (VIC), QCAT (QLD), SACAT (SA), SAT (WA), and the relevant tribunals or courts in Tasmania, the ACT and the NT. They handle disputes up to set limits; bigger or more complex matters go to court.

Question 37

How do I start a tribunal claim?

Accepted Answer

You lodge an application form with the tribunal (often online), pay a filing fee that scales with the claim, and serve it on the other side. Each tribunal has its own forms and fees — check the building or consumer-trader list on the tribunal's website.

Question 38

What dollar limits apply, and what if my claim is above the cap?

Accepted Answer

Each tribunal has monetary limits for building and consumer-trader claims, and they differ by state. If your claim is above the cap you generally either abandon the excess to stay in the tribunal, or take the matter to the appropriate court instead.

Question 39

What evidence should I bring?

Accepted Answer

Bring the contract, invoices and payment records, photos and dated messages, and — for defect or workmanship disputes — an independent expert report. Tribunals are less formal than court, but the side with clear, contemporaneous documents usually does best.

Question 40

Do I need a lawyer, or can I run my own case?

Accepted Answer

Tribunals are designed so people can run their own cases, and in many you need leave (permission) to be legally represented. Tradies and homeowners routinely appear themselves; for a large or legally complex claim, advice is worth it.

Question 41

How long does it take, and can the member decide on the spot?

Accepted Answer

Timeframes vary — straightforward matters can be weeks to a few months, contested building disputes longer, often with a conciliation or directions stage first. Members can make orders on the day in simpler matters, but defect cases usually need expert evidence and a hearing.

Question 42

Can the tribunal order rectification or termination, or only money?

Accepted Answer

Tribunals can usually order more than money — payment of your claim, rectification of defective work, or that a contract be ended — within their building and consumer-trader powers. The exact remedies depend on the state and the list.

Question 43

What if the other side doesn't show up or ignores orders?

Accepted Answer

If they don't appear or ignore directions, the tribunal can decide in their absence or strike out their defence and make orders against them. Ignoring an order then becomes an enforcement issue.

Question 44

Can I appeal a tribunal decision?

Accepted Answer

Most tribunals allow an internal appeal — often only on a question of law, or needing leave — within a short, strict time limit (commonly around 28 days), and a further appeal to a court in limited cases. An appeal isn't a re-run of the facts.

Question 45

How do I enforce a tribunal order if they don't comply?

Accepted Answer

A tribunal money order isn't self-enforcing: you generally register or file it in a court (often a Local or Magistrates Court) and then use the court's enforcement tools. The process differs by state.

Question 46

For small jobs, what work needs a building permit?

Accepted Answer

Most building work beyond minor repairs or genuinely 'exempt' work needs a building permit or approval, and that's where NCC compliance is checked and signed off. What's exempt varies by state, so check before you start — doing permit-required work without one is an offence.

Question 47

Who is ultimately responsible for NCC compliance?

Accepted Answer

It's shared, but the builder carrying out the work is primarily responsible for building to the NCC and the approved plans; designers and engineers are responsible for their designs, and the certifier checks compliance. The owner isn't off the hook either, especially as an owner-builder.

Question 48

Do minor variations need updated plans and re-approval?

Accepted Answer

Changes that affect structure, fire safety, waterproofing or anything in the approved documents usually need updated plans and the certifier's sign-off before you proceed. When in doubt, ask the certifier — building first and amending later is how work fails inspection.

Question 49

What if the certifier rejects my work at inspection?

Accepted Answer

If work fails inspection for not meeting the NCC, you'll get a direction to rectify; you fix it and call for re-inspection. You can't lawfully proceed past a mandatory inspection stage until it passes, so build it right the first time.

Question 50

Can a certifier refuse the occupancy certificate?

Accepted Answer

Yes — a certifier can refuse final sign-off or an occupation/occupancy certificate if the work doesn't meet the NCC or the approval conditions. You fix the non-compliance (or get an approved performance solution) and re-apply.

Question 51

Which NCC version applies, and what if it changes mid-project?

Accepted Answer

The version that applies is generally the one in force when the building approval is granted, subject to state adoption dates and transition arrangements. A later NCC update usually doesn't force you to redesign an already-approved project — confirm the transition rules in your state.

Question 52

Are performance solutions allowed on small jobs?

Accepted Answer

Yes — a performance solution is allowed on any size job where you can't or don't want to follow Deemed-to-Satisfy, but it must be documented and justified (verification methods, expert reports, evidence of suitability) and accepted by the certifier. The paperwork is the point.

Question 53

What records prove NCC compliance in a dispute?

Accepted Answer

Keep the engineer's certificates, waterproofing certificates, energy/NatHERS documentation, product compliance certificates and inspection records. They're your proof of NCC compliance if a defect dispute lands later.

Question 54

Can I be fined or disciplined for NCC breaches?

Accepted Answer

Regulators can issue rectification orders, fines and disciplinary action for NCC breaches, and serious or repeated breaches can affect your licence — which in turn can affect your insurance. It's not just a slap on the wrist.

Question 55

The owner wants cheaper, non-compliant materials — what do I do?

Accepted Answer

You can't lawfully build below the NCC even if the owner asks. Put the compliant requirement in writing, explain it isn't optional, and refuse to install non-compliant materials — it's your licence, and your liability, on the line. Document the conversation.

Question 56

When do I legally need a written residential contract?

Accepted Answer

Most states require a written residential building contract once the work is above a set value, and that threshold varies by state (often a few thousand dollars). Below it a simpler agreement may do, but written is always safer. Check your state's requirement.

Question 57

What key clauses must a residential contract include?

Accepted Answer

A compliant contract typically needs the parties and licence details, a clear scope and price, the deposit, a progress-payment schedule, provisions for variations and delays (extensions of time), defect and warranty terms, and the mandatory consumer notices and cooling-off where they apply.

Question 58

Can I use my own template or must I use a standard form?

Accepted Answer

You can use your own template provided it meets the state's mandatory requirements, but HIA and Master Builders standard forms already build those in and are widely accepted. A home-made contract that misses a mandatory term can be unenforceable in parts.

Question 59

The owner won't sign but wants me to start — how risky is that?

Accepted Answer

Starting without the required written contract is risky: you can face penalties, struggle to enforce payment, and lose Security of Payment or warranty-insurance protections. Don't start above the threshold without a signed contract — a handshake deal favours whoever has the better memory in a dispute.

Question 60

Can an owner refuse to pay over minor defects?

Accepted Answer

An owner generally can't withhold the whole payment over minor defects; the usual position is they pay and you rectify defects within the agreed period (or they hold only a reasonable amount). What they can do depends on the contract and your state — minor snags aren't a licence not to pay.

Question 61

How should I structure progress payments?

Accepted Answer

Tie progress claims to genuine, completed stages (base, frame, lock-up, fixing, completion) so they line up with the contract, your Security of Payment reference dates and your cash flow. Front-loading deposits beyond the legal cap, or claiming for work not done, gets challenged.

Question 62

Can I be paid for extra work if no variation was signed?

Accepted Answer

Get every variation in writing — scope, price and any time impact — and signed before you do the work. If the owner never signed a variation you can still sometimes recover for genuine extra work, but it's much harder; a signed variation is the difference between getting paid and arguing about it.

Question 63

What steps before I can suspend or terminate?

Accepted Answer

Both suspension and termination have to follow the contract and the law: usually a written notice of breach, a chance to remedy, and then the specified steps. Walking off site without following the process can put you in the wrong, even when you're owed money.

Question 64

How long to fix defects, and how do warranty periods interact?

Accepted Answer

Statutory warranties run for a state-set period — typically up to around six years for major or structural defects and shorter for non-structural — while your contract's defects-liability period is a shorter window for the owner to list snags. The statutory warranty sits over the top of the contract period.

The questions Australian tradespeople actually ask — with straight answers.

Tax & deductions

Super

PAYG instalments

Taking on employees

Security of Payment

Tribunals & disputes

NCC & building permits

Residential building contracts

Home warranty insurance

Important disclaimer