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Sarah Bichry

Feb 13, 2024

Auditor Appointment & late lodgement

in SMSF Technical Forum

Dear SMSF community,

Per review to the forum, it was advised that the late ldogement of any return is a breach of s. 35D, which is not a reportable contravention. The issue should be raised only in the management letter.

However, I attended a seminar today, where it was emphasising on the appointment of the auditor that should not be more than 45 days before the lodgement date. It was further advised that the appointment more than 45 days after the due date is a breach of R.802A, and should be Part A qualified with contravention.

Hence, my understatnding will be that any SMSF late in lodgement should raised a contravention.

Could you please share your thoughts?

Thank you in advance.

Sarah

2 comments

Comments (2)

THE AUDITORS INSTITUTE

Feb 14, 2024

Hi Sarah

Yes SIS Regulation 8.02A requires the auditor to be appointed 45 days prior to the due date of the annual return.

My view is that a contravention does not have to be lodged re a breach of this regulation or of SIS section 35D as they are not one of the sections or the regulations that the auditor is signing off on as part of their audit.

If other forum members have a view on this please let the forum know.

Thanks

The Auditors Institute

Sarah Bichry

Feb 14, 2024

Replying to

Thank you.