SMSFA supports review of the ATO’s regulation of SMSFs

The SMSF Association has said it supports the Australian National Audit Office’s proposed performance audit of the ATO’s regulation of SMSFs.

The ANAO said that the audit would examine the effectiveness of the ATO’s regulation of SMSFs and include a follow-up audit on employer compliance with superannuation guarantee (SG) requirements.

It continued that Australians generally rely on superannuation as their main asset (other than the family home) to save for their retirement.

“The ATO’s role in the superannuation system includes regulating and supporting SMSFs to comply with superannuation and taxation laws to safeguard retirement incomes, and to support employers to meet their superannuation obligations,” the ANAO said.

“The ATO corporate plan 2024–25 identifies the maintenance of high levels of compliance across the superannuation system and avoiding any deterioration in performance as a core priority. The ANAO last examined the ATO’s approach to managing SMSFs in 2007 and addressing Superannuation Guarantee non-compliance in 2022.”

Peter Burgess, chief executive of the SMSFA, said the timing of the proposal is right to test whether current regulatory settings strike the correct balance between protecting members and maintaining the integrity of the SMSF sector.

“Notably, the ANAO last examined the ATO’s regulation of SMSFs in 2007; close to 20 years on – and now with expanded ATO compliance powers – a fresh, balanced assessment is warranted.”

“The ATO has a dual role with SMSFs in that it is both the regulator and the administrator of Australia’s tax and super laws. That dual mandate should translate into timely, practical, whole-of-sector guidance, especially where super and tax intersect.

“Instead, trustees and professionals are too often left with non-binding ‘SMSF specific advice’ and slow, case-by-case private rulings – an approach that doesn’t deliver clarity at scale.”

Burgess continued that in 2012, the ANAO recommended the ATO measure trustee satisfaction and improve access to SMSF guidance.

“We hope a new review will test what’s changed and whether the ATO’s current guidance model meets the needs of trustees and SMSF professionals.”

The ANAO’s audit will also include a follow-up on employer compliance with SG requirements, which is critical given payday super is due to begin on 1 July 2026.

"We look forward to engaging with members and contributing to this review to ensure practical, industry-supporting recommendations emerge," Burgess said.

Keeli Cambourne

September 19 2025

smsfadviser.com