SMSF Compliance Guide — Factor1 Accountants & Advisers

Note: This guide reflects the latest SMSF compliance rules for 2024–25.

1) Keep Personal and Fund Assets Separate

Mixing SMSF assets with personal finances breaches the SIS Act. The ATO treats your SMSF as its own legal entity. Once you blur the lines, you risk penalties or disqualification.

CompliantNon-Compliant
Dedicated SMSF bank accountPaying personal bills from SMSF account
Assets titled in SMSF nameShares in trustee’s personal name
Arm’s-length lease to unrelated tenantFamily using SMSF-owned holiday home
✔ Separate bank account
✔ Titles in SMSF name
✔ Clear records
✔ No personal use of assets
“If in doubt, stop and check before spending.” — Jean Marc Raffaut

2) Stick to Your Investment Strategy

The ATO requires a written investment strategy considering diversification, risk, liquidity, members’ circumstances and insurance needs. Review annually and make sure your portfolio matches.

Good PracticeRisky Practice
Diversified investments100% in one speculative asset
Annual review documentedStrategy written once and forgotten
Holdings align with strategyAssets outside documented plan

3) Meet All Lodgement Deadlines

Late lodgements risk penalties and can jeopardise your SMSF’s complying status. Appoint an auditor at least 45 days before the SAR is due.

RequirementDeadline
Annual Return (SAR)31 Oct if self-lodged first year; 28 Feb if first year on agent’s program; up to 15 May for ongoing tax-agent clients (confirm with your agent).
Audit completionMust be done before lodging SAR.

4) Stay Within Contribution Caps

Exceeding caps triggers extra tax. Track all contributions, including employer SG.

TypeCap (2024–25)Notes
Concessional$30,000Excess taxed at marginal rate + charge
Non-Concessional$120,000Bring-forward up to $360k/3yrs if eligible

5) Avoid Early Access to Funds

Only withdraw when a legal condition of release is met.

AllowedNot Allowed
Retirement at preservation agePaying personal debts
Severe financial hardship (criteria apply)Holiday expenses
Terminal illness / compassionate groundsHome renovations

6) Keep Accurate and Complete Records

Different retention periods apply:

Record TypeRetention
Financial records (bank statements, accounts, SAR)5 years
Trustee records (minutes, declarations, change records)10 years
✔ Cloud storage with backups
✔ Minutes for reviews & decisions
✔ Easy retrieval for audits

7) Work with an Experienced SMSF Professional

Trustees are responsible, but an expert keeps you aligned and compliant.

“Most SMSF issues are preventable. Prevention is always cheaper than correction.” — Jean Marc Raffaut

FAQs

What happens if I miss an SMSF deadline?

The ATO may impose penalties, remove concessional status, or restrict your fund.

Can I withdraw from my SMSF for personal use?

No, unless you meet a strict condition of release. Otherwise it’s illegal and heavily penalised.

How often should I review my investment strategy?

At least annually, and whenever members’ circumstances change.