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SMSF

The Complete SMSF Trustee Compliance & Audit Guide: ATO Rules, Investment Strategy, and Auditor Independence

What SMSF trustees must do each year: the sole purpose test, an investment strategy, the choice of individual or corporate trustee, and an audit by an independent approved auditor.

4 min readReviewed by an approved SMSF auditor at SMSF Genius

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The sole purpose test

An SMSF must be run for one purpose only: to provide retirement benefits to its members, or to their dependants if a member dies. This is the sole purpose test in section 62 of the Superannuation Industry (Supervision) Act 1993. Using fund assets for a benefit today breaks the test, for example living in a property the fund owns or hanging the fund’s artwork at home.

The ATO regulates SMSFs. If the rules are broken, it can fine trustees, disqualify them and, in serious cases, make the fund non-complying. A non-complying fund is taxed at 45% on the market value of its assets, less non-concessional contributions. Other rules every fund must follow:

Your investment strategy

Every SMSF must have an investment strategy, and the trustees must review it regularly and update it when needed. It should consider:

Why the auditor must be independent

Every SMSF must be audited each year by an approved SMSF auditor registered with ASIC. The trustees must appoint the auditor at least 45 days before the annual return is due. The audit covers both the fund’s financial statements and whether it followed the super rules.

The auditor must be independent. SMSF auditors must meet the independence rules in APES 110, the code of ethics for professional accountants. In practice, an auditor can’t audit a fund if they or their firm prepared its financial statements. The only exception is work that was routine or mechanical, where any threats to independence are reduced to an acceptable level. ASIC acts against auditors who break this rule.

SMSF Genius audits funds online for accountants and trustees. Like every SMSF auditor, it must check for any relationship that could affect its independence before it accepts an audit, including with whoever prepared the fund’s accounts.

Individual trustees or a corporate trustee

An SMSF can have individual trustees or a company as its trustee. With individual trustees, each member must be a trustee. With a corporate trustee, each member must be a director of the company. Individual trustees cost less to set up. A corporate trustee costs more to set up and run, but it makes changes simpler and keeps penalties to one company:

FeatureCorporate trusteeIndividual trustees
Fund assetsHeld in the company’s name, which doesn’t change when members join or leaveHeld in the trustees’ names, which must be updated when the trustees change
Single-member fundThe member can be the company’s sole directorTwo trustees: the member and one other person, who can’t be the member’s employer unless they’re relatives
PenaltiesOne penalty, on the company; its directors are jointly and severally liable to pay itA separate penalty for each trustee
CostCompany registration and yearly ASIC feesCheaper to set up

The yearly compliance cycle

After each financial year ends on 30 June, the trustees gather bank statements, investment and property records, contribution details and the minutes of their decisions. The fund’s assets are valued at market value.

The fund’s accountant prepares the financial statements and member statements. The approved auditor then audits the fund. Only when the audit is complete can the trustees lodge the SMSF annual return with the ATO and pay the supervisory levy.

Trustees should also review the investment strategy, check members’ contributions against their caps, and keep the fund’s records for as long as the law requires.

What to do next

An SMSF gives you control over your retirement savings, and with it the trustee’s responsibility for following the rules every year.

SMSF Genius can audit your fund online. Whether an SMSF suits you, and how the fund should invest, is personal advice: for that, talk to a licensed financial adviser, such as Wealth Mantra’s.

Important information

General information only: it does not take your personal circumstances into account.

Services described here may be subject to eligibility, professional registration or licensing requirements. Confirm the relevant scope and documents directly with SMSF Genius, Business Mantra Accountants, Wealth Mantra before proceeding.

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