I’ve realised I made an error in my Superfund. What should I do next? Can SMSF Accountants help in this situation?
SMSF accountants play a crucial in managing SMSFs and if you’re running an SMSF, it’s essential to acknowledge that it can be challenging. It’s possible that mistakes may occur and go unnoticed for several months. In such a scenario, what steps should be taken? How can SMSF accountants help in this situation?
First and foremost, there’s no need to panic.
We are all human, and mistakes occur. The most important thing is to face the issue and rectify it. As a trustee of an SMSF, the responsibility falls on your shoulders. So what are the options?
Should I try to undo the error before anyone notices?
No. Contact your fund administrator when you realise an error has been made and explain the situation. They will assist you in identifying what is the next course of action to take.
Do not try undoing transactions such as transferring cash in or out of the SMSF, as the SIS legislation can be very strict. For example, the treatment of inflows to the fund as contributions and withdrawals as lump sums. You do not want to exacerbate the error by triggering an early release assessment if you haven’t met a condition of release.
Would it be better to keep it a secret from the auditor?
No. Sweeping the matter under the carpet until the annual financial statements and tax returns are being audited up to one year later is not a good idea. By doing so, valuable time is lost.
It’s essential to be proactive and inform your administrator, who may also inform the auditor. If there has been a breach of the superannuation legislation, and the auditor needs to submit an Auditor Contravention Report, this is not the end of the world. It is much better to be upfront, work with the auditor, and implement corrective measures to rectify the issue.
Furthermore, the ATO looks favourably on trustees of SMSFs that voluntarily disclose breaches, showing that they are doing everything to ensure the fund retains its complying fund status.
Like most matters in life, it is vital to meet the problem head-on. The ATO is likely to understand if it is an honest mistake that has been rectified as soon as it was found.
If you have any questions in relation to a situation you have found yourself in, don’t hesitate to contact us.
Author: Anna Wong – Senior SMSF Manager at Premier SMSF Solutions
*Correct as of 26 October 2021
*Disclaimer – this article has been produced by Kreston Stanley Williamson as a service to its clients and associates. The information contained in the article is of general comment only and is not intended to be advice on any particular matter. Before acting on any areas in this article, you must seek specific advice relating to your particular circumstances. Liability is limited by a scheme approved under professional standards legislation.
