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angshlo(Newbie)Newbie
4 July 2024

Hi all,


My first time asking question on ATO community…thanks in advance for those taking time to reply!


My partner and I started an ASIC-registered investing company (Pty Ltd) in July 2023. The business was set up to invest in US shares and trade US derivatives (options). I’m preparing for the company tax return now.


I’ve done some research so far, and found that our company meets the definition of a ‘small proprietary company’ under the Corporations Act s292 and is NOT required to lodge financial statements unless direct by any shareholder or direct by ASIC to do so.


My question is - is it a requirement to have a company financial statements when lodging our company tax return with the ATO? We keep detailed financial records of our investments and trade income/losses of the year, so I don’t think it would be much of a problem working out the numbers for the company tax return. But I can’t seem to find the legislation explaining whether it is legally required to prepare a financial statement for a ‘small proprietary company’ under the tax law.


Some guidance would be appreciated! Many thanks in advance :)

1,642 views
2 replies
1,642 views
2 replies

Most helpful response

Most helpful reply

AriATO(Community Support)Community Support
15 July 2024

Hi @angshlo


You're legally required to keep records of all transactions relating to your tax, super and registration affairs as you run your business. This includes any documents relating to your business’s income and expenses.

Generally, you need to keep these records for five years.


This is provided for in the ITA legislation.

More info on record keeping requirements for small businesses can be found on our website.

All replies

Most helpful reply

AriATO(Community Support)Community Support
15 July 2024

Hi @angshlo


You're legally required to keep records of all transactions relating to your tax, super and registration affairs as you run your business. This includes any documents relating to your business’s income and expenses.

Generally, you need to keep these records for five years.


This is provided for in the ITA legislation.

More info on record keeping requirements for small businesses can be found on our website.

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Does small proprietary comapny need to prepare financial statements and lodge with ATO? | ATO Community