How do the administrative penalties apply to individual trustees?
Where the breach is of an obligation which is imposed on the trustees collectively then each trustee will be subjected to a penalty. Where the obligation is imposed on a particular trustee, then only that trustee will be subject to a penalty.
For example, the requirement to prepare accounts and financial statements is an obligation imposed collectively on the trustees. Consequently the penalty for the failure to prepare accounts and financial statements will be imposed on each trustee. If the SMSF has 3 individual trustees and the penalty imposed is for the failure to prepare accounts and statements, then the total penalty will be $5,100 (ie each trustee will be subject to penalty of $1,700).
Where the obligation is imposed individually on a trustee (eg making the ATO trustee declaration) then the penalty will only be imposed on the individual trustee.
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