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Does 10 years of non-lodgement of Annual Returns cause a ACR?

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I'm new

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Hi All

 

I'm currently completing 10 years worth of SMSF Audits for a client. I know they have breaches for non lodgement of annual returns over this time but does this count as repeated breaches and cause a Contravention Report to be required? 

 

I can't seem to pinpoint if I just have a lot of Qualified Audit Reports or if I need to go to a Contravention Report as well. 

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Community Moderator

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Hi @EmmaMunro,

 

Late lodgement is not a reportable breach that we require an auditor to lodge an Auditor Contravention Report (ACR) to advise. 

 

The list of reportable sections  table is after question 14 in the instructions.

 

The auditor will only need to lodge an ACR for each income year if they identify reportable breaches in each of those income years.

 

Thanks

 

KylieS

 

 

 

 

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Devotee Registered Tax Practitioner

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ATO is on record as saying that late lodgment is not a reportable contravention, because ATO already know that returns are late.

 

Better to arrange a timetable for progressive lodgement of the series of returns with ATO  -  factoring in audit time for each return.

 

Community Moderator

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Hi @EmmaMunro,

 

Thanks for your question, we will look into it and get back to you.

 

Thanks

 

KylieS

Most helpful response

Community Moderator

Replies 0

Hi @EmmaMunro,

 

Late lodgement is not a reportable breach that we require an auditor to lodge an Auditor Contravention Report (ACR) to advise. 

 

The list of reportable sections  table is after question 14 in the instructions.

 

The auditor will only need to lodge an ACR for each income year if they identify reportable breaches in each of those income years.

 

Thanks

 

KylieS