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Showing posts from September 10, 2021

SMSF Auditors Challenged by New Penalty

A new penalty regime has been released that will penalize SMSF auditors. This is a significant shift in the responsibility of SMSF gatekeepers.  Practice Statement Law Administration0/3 (PSLA). The PSLA guides ATO staff about how to apply administrative sanctions. This new SMSF penalty era will make it difficult for SMSF auditors to do their jobs effectively. The PSLA's primary focus is on s166 SIS, which outlines the rules for administrative penalties. A trustee who breaches s166 SIS is subject to an administrative penalty. The new PSLA provides the ATO with a clear path for determining whether remission is possible. Administrative Penalties Introduced administrative penalties in 2014. The ATO took a softly-softly approach to this issue by issuing educational directives and remitting SMSF penalties. The number of auditor contraventions reports has remained relatively stable at 2% of SMSFs since then, and trustee behaviour has not changed. Let's be very clear: The legislation h...