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redger(Initiate)Initiate
28 Mar 2023

A previously complying SMSF is now non-compliant as of FY2021 say

The funds assets are

  1. $200,000 tax-free contributions ie. contributed from after tax savings
  2. $100,000 taxable amounts ie. contributed from pre-tax income
  3. $10,000 is earned in the year the fund is made non-compliant


Q1 - What tax is payable in the year the fund is made non-compliant ? My understanding is that the taxable capital component will be taxed at the highest marginal tax rate ie. 47% and the income will similarly be taxed at 47%. Is this correct ?


Q2 - The fund is made compliant again in FY 2024, part way through the year ie. part year. Are there any tax or penalty obligations arising from the transition back to "complying" & if so how much and are the tax-free and taxable components treated any differently ?


Q3 - The fund is made compliant again in FY2024, at the beginning of the year ie. for the full year. . Are there any tax or penalty obligations arising from the transition back to "complying" & if so how much and are the tax-free and taxable components treated any differently ?


Q4 - What is the personal tax obligation related to $15,000 pension payments paid from the fund during the years of non-compliance. At the time of non-compliance this would be $5,000 from the taxable component and $10,000 from the tax-free component (ignoring the impact of fund earnings)- would that make any difference ?


thanks for your assistance

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1,388 views
3 replies

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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
28 Mar 2023

A previously complying SMSF is now non-compliant as of FY2021 say


SMSF can only be treated as non-compliant if ATO has issued a notice of non-compliance.


If that has not happened, then the fund is not yet non-complying.


It is now extremely unlikely that a non-complying SMSF would regain complying status,

because ATO would disqualify all trustees so that they can never again operate a SMSF.


You have not mentioned why you think that the SMSF would be non-compliant - the most important thing to think about is how to avoid non-compliance e.g. rectify, wind up before it happens.



https://www.ato.gov.au/Super/Self-managed-super-funds/Administering-and-reporting/How-we-help-and-regulate-SMSFs/How-we-deal-with-non-compliance/#Noticeofnoncompliance

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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
28 Mar 2023

A previously complying SMSF is now non-compliant as of FY2021 say


SMSF can only be treated as non-compliant if ATO has issued a notice of non-compliance.


If that has not happened, then the fund is not yet non-complying.


It is now extremely unlikely that a non-complying SMSF would regain complying status,

because ATO would disqualify all trustees so that they can never again operate a SMSF.


You have not mentioned why you think that the SMSF would be non-compliant - the most important thing to think about is how to avoid non-compliance e.g. rectify, wind up before it happens.



https://www.ato.gov.au/Super/Self-managed-super-funds/Administering-and-reporting/How-we-help-and-regulate-SMSFs/How-we-deal-with-non-compliance/#Noticeofnoncompliance

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