Consequences of late SMSF annual returns

From 1 October 2019, if an SMSF is more than two weeks overdue on any annual return lodgment due date and hasn't requested a lodgment deferral, the ATO will change their status on Super Fund Lookup (SFLU) to ‘Regulation details removed'.

The ATO is taking this approach as non-lodgment combined with disengagement indicates that the fund's retirement savings could be at risk. This status will remain until any overdue lodgments have been brought up to date.

On the first business day of each month, the new process will update SFLU depending on the situation:

• SMSF trustees who haven't lodged their SMSF annual return on time and are more than two weeks overdue, the ATO will change their SMSF regulation status to ‘Regulation details removed' on SFLU.
• All overdue lodgments were received for an SMSF during the previous month, the ATO will update SFLU to reinstate the SMSF's ‘complying' status.

By having a status of ‘Regulation details removed', APRA funds won't roll over any member benefits to the SMSF and employers won't make any super guarantee (SG) contribution payments for members of the SMSF. While the fund's status is ‘Regulation details removed', members should alert their employer to make any SG payments into the employer's default super fund or a fund of the member's choice.

SMSF trustees who don't think they can meet lodgment requirements should call, before the due date, to seek a deferral to lodge.