As a trustee, there are numbers of administrative obligations:
● lodge SMSF annual returns
● appoint an SMSF auditor
● value the fund's assets
● report transfer balance cap events
● lodge Superannuation transfer balance account reports
● keep records
● notify the ATO of changes.
You need to lodge an annual return once the audit of your SMSF has been finalised. The SMSF annual return is more than an income tax return. It is also used to report super regulatory information, member contributions and pay the SMSF supervisory levy.
If your fund did not have assets in the first year it was registered, you may not need to lodge a return for that year.
When to lodge ?
If you lodge your SMSF annual return yourself, the due date is:
● generally 28 February following the financial year
● 31 October if you didn't lodge your return for the previous financial year on time
● 31 October for your first year
If your return is lodged through a tax agent, they'll tell you the due date. For your first year the due date will be 28 February.
If your SMSF is reviewed by the ATO at registration, your first year return due date will be 31 October even if it is prepared and lodged by a tax agent. The ATO will notify you if this is the case.
If a due date falls on a weekend or public holiday you can lodge or pay on the next business day.
Failure to lodge your SMSF annual return by the due date can result in penalties and the loss of your SMSF’s tax concessions.
● Appoint a SMSF auditor
You must appoint an approved SMSF auditor to audit your fund each year, not later than 45 days before you need to lodge your SMSF annual return. The auditor examines your fund's financial statements and assesses your fund's compliance with super law.
We will appoint a licensed auditor to help you with this.
Your SMSF auditor must be:
> Registered with ASIC – if they are, they will have an SMSF auditor number, which we will provide on your annual return.
> Independent – they should not audit a fund in which they hold any financial interest, or where they have a close personal or business relationship with members or trustees.
An audit is required even if no contributions or payments are made in the financial year.
Before an SMSF auditor can start an audit, you or your professional adviser need to give them information about your accounts and transactions for the previous financial year. Any additional information requested by your SMSF auditor, in writing must be provided within 14 days.
Your auditor should advise you of any breaches of the rules. You, as trustee, should rectify any contravention as soon as possible.
Your auditor is also required to report certain contraventions to us. Even if you terminated an auditor engagement or the auditor does not finish the audit, if they have identified a reportable contravention, their obligation to report to us remains.
● Value the fund's assets
You need to value the assets of the fund at their market value for the purpose of preparing your fund's accounts, statements and the SMSF annual return.
Market value is the amount that a willing buyer of the asset could reasonably be expected to pay to acquire the asset from a willing seller if all the following assumptions were made:
> that the buyer and the seller dealt with each other at arm's length in relation to the sale
> that the sale occurred after proper marketing of the asset
> that the buyer and the seller acted knowledgeably and prudently in relation to the sale.
Apart from preparing and lodging your annual accounts and, if required, transfer balance account reports, you will also need to value assets:
> if your fund has investment dealings with, or sells assets to, a related party
> if you need to determine the percentage of in-house assets in your fund
> on the commencement day of a pension
> if your fund transfers a collectable or personal use asset to a related party – in this case the valuation must be done by a qualified independent valuer.