In an online update, the ATO said that changes to the auditor/actuary contravention report (ACR) (NAT 11239) and instructions have now been in effect since 1 July this year.
The ATO said the changes are a result of the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 which inserted Part IVD into the Taxation Administration Act 1953 to better protect individuals who disclose information to the Tax Office.
“As this will have implications for SMSF auditors who report other regulatory information at section G of the auditor/actuary contravention report (ACR), we have updated the ACR to include this information, with effect from 1 July 2019,” the ATO said.
A disclaimer has been added to section G of the ACR to make it clear that when auditors provide information about a fund or trustees at section G, they’re consenting to the disclosure of their identity to the SMSF trustee.
“If you wish to keep your identity confidential, you can make a voluntary disclosure at ato.gov.au/tipoff. We don’t consider the disclosure of information at sections E and F of the ACR will be impacted by the new law,” the ATO said.
The ATO said it has also updated the ACR instructions in line with changes to the form.
“We’ve also added guidance for SMSF auditors who’ve been unable to obtain sufficient appropriate evidence to support the market value of fund assets,” it said.
“Example 10 includes an example of an SMSF that invested in unlisted assets and the SMSF auditor is unable to verify the asset’s current market value.”
Link to Example 10 – https://www.ato.gov.au/Forms/Auditor-actuary-contravention-report-instructions/?page=4#Section_E__Contraventions
Wondering if you can provide link for this ‘example 10’ unable to locate it?
https://www.ato.gov.au/Forms/Auditor-actuary-contravention-report-instructions/?page=4#Section_E__Contraventions
Given that any contravention notice by an auditor renders the fund non-complying, unless the Commissioner issues a compliance certificate( having regard to the seriousness of the circumstances), it is wise for all SMSF professionals to read and understand the audit guidelines to ensure qualifications are not made outside the ATO guidelines. They are fair and reasonable but I worry about the professional judgement option for auditor.
The auditor doesn’t issue the notice of non-compliance – the auditor simply files an Audit Contravention Report (which in no way automatically makes the fund non-complying) with the ATO who investigate the issue and decide if a notice of non-compliance is issued.
Agree. An Auditor Contravention Report in no way automatically makes the fund non-complying. That can only be done by the Commissioner after an assessment of the facts in front of him or her.