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CEL21(Initiate)Initiate
22 Aug 2021

Audit of SMSF for three years at once. Same contravention in year one continues through to the following years. Is there a requirement to do a contrevention report to the ATO for each year or can one be done that includes all of the years.

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680 views
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Bruce4Tax(Taxicorn)Taxicorn
22 Aug 2021

Audit of SMSF for three years at once. Same contravention in year one continues through to the following years. Is there a requirement to do a contrevention report to the ATO for each year or can one be done that includes all of the years.

You have to treat each year as a separate audit - this means completing each year before moving on to the next one.

You need to apply the 7 tests each time to determine whether a contravention is required.

If year 1 was the first instance of the particular breach, and there are no other issues, then the fund passes Test 4 in year 1, but will fail in Years 2 and 3. A contravention report may still be required in year 1, depending on the result of the other 6 tests.

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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
22 Aug 2021

Audit of SMSF for three years at once. Same contravention in year one continues through to the following years. Is there a requirement to do a contrevention report to the ATO for each year or can one be done that includes all of the years.

You have to treat each year as a separate audit - this means completing each year before moving on to the next one.

You need to apply the 7 tests each time to determine whether a contravention is required.

If year 1 was the first instance of the particular breach, and there are no other issues, then the fund passes Test 4 in year 1, but will fail in Years 2 and 3. A contravention report may still be required in year 1, depending on the result of the other 6 tests.

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Audit of SMSF three years at once | ATO Community