Is your client’s Deed meeting ATO requirements?

Your clients, as Trustees, either individual or corporate trustees, since 1 July 2007 have declared to the ATO https://www.ato.gov.au/uploadedFiles/Content/SPR/Forms/Trustee%20declaration_SPR_n71089_19272.pdf

I am responsible for ensuring that the fund complies with the Superannuation Industry (Supervision) Act 1993 (SISA) and other relevant legislation. The Commissioner of Taxation (the Commissioner) has the authority and responsibility for administering the legislation and enforcing the fund’s compliance with the law.

I must keep myself informed of changes to the legislation relevant to the operation of my fund and ensure the trust deed is kept up to date in accordance with the law and the needs of the members.

If I do not comply with the legislation, the Commissioner may take the following actions:

  • impose administrative penalties on me
  • give me a written direction to rectify any contraventions or undertake a course of education
  • enter into agreements with me to rectify any contraventions of the legislation
  • disqualify me from being a trustee or director of a corporate trustee of any superannuation fund in the future
  • remove the fund’s complying status, which may result in significant adverse tax consequences for the fund
  • prosecute me under the law, which may result in fines or imprisonment.

A Deed update does not require an Accountant to make a recommendation, it is not a financial product, rather an administrative task.

To request access to our update process contact Gail Ervine gail@smsfworks.com.au