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Rise in SMSF auditor referrals to ASIC

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By Sarah Kendell
September 09 2019
1 minute read
12 View Comments
ATO
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Increasing numbers of SMSF auditors are being referred to ASIC for non-compliance, while some of the sector’s top auditors on a volume basis have also been identified as needing more education on their obligations, according to the ATO.

Addressing the Class Connect conference in Sydney on Monday, the ATO’s Edward Chung said audit quality had been a key focus for the office in recent years, given the degree to which the ATO relied on independent audits in its assessment of the funds’ compliance with regulations.

“What we want to see is that the auditor has formed an evidence-based opinion to determine that the trustee has complied with their regulatory obligations,” he said.

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“We will also look at any software that they use to seek reassurance on their automated processes.”

Mr Chung said the ATO was concerned at rising numbers of auditors whose processes indicated non-compliance and warranted referral to ASIC.

“So far we have referred 148 auditors to ASIC for further action, and 51 of those referrals were sent to ASIC this year,” he said.

“The most common reason for referral is that the auditor has failed to comply with the standards; mostly it’s because they didn’t have sufficient evidence to support the audit. Independence breaches are also common, which involves the auditor auditing their own or relatives’ funds.”

However, he added that only six auditors referred to ASIC this financial year had serious enough compliance breaches to warrant disqualification, which was down from the 11 disqualified by the corporate regulator in 2018.

The ATO had also focused its investigations on the top 100 SMSF auditors in the sector, who together were responsible for $170 billion of the assets in the SMSF space, Mr Chung said.

“So far we have completed 51 reviews of the top 100 auditors, and the results of this were that 17 were found to be fully compliant, 30 needed further education, and two of the top 100 auditors have been referred to ASIC,” he said.

Mr Chung added that the ATO had also flagged significant compliance concerns within the top 100 SMSFs in the sector, all of which had over $40 million in assets.

“We have risk-profiled all these SMSFs and identified that 35 per cent warrant a closer look — this might be because of their use of LRBAs, reported contraventions, rapid and excessive asset growth rates or other risks identified by the private wealth areas of the ATO,” he said.

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Comments (12)

  • avatar
    i think most auditors not meeting standards are those that were registered under the grandfather provisions and operate from home
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  • avatar
    Katrina Fletcher (Elite Super Tuesday, 10 September 2019
    Yes I am very surprised at the % of compliance in the top 100 auditors. I had an audit (Elite Super) due to our size and we were fine. So, I thought that my collegues in the top 100 would have sailed through. Hmm. Also the one man band suburban cowboys - check the list of the last lot of auditors struck off with ASIC, might help you with this definition. Glad to see.
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  • avatar
    The thinking seems to be that the bigger firms are more likely to be using AI based programs to facilitate the audit and perhaps not applying an eagle eye over the results. Volume and speed are essential ingredients to imperfection.
    The humble sole practitioner, at the mercy of excel worksheets and lots of manual testing may be in a better position to identify problems.
    Technology has provided efficiency gains but has coincided with the race to the bottom fees mentality.
    You can't have it both ways.
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  • avatar
    Finally, ASIC appears to be doing it's job particulrly in regard to low fee Auditors and bulk processing Auditors.
    0
    • avatar
      so Deloitte who charge their large corporate client $ 150 per audit should be considered a low fee auditor
      0
  • avatar
    I would of though that it should be the small backyard operators and one man band suburban cowboys that should be reviewed
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    • avatar
      What does a small backyard operator or one man band suburban cowboy look like - interesting description
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      • avatar
        A small back-yard operator or one-man-band suburban cowboy is someone who operates from their garage or back deck and has clients who have been poached from their former employer or who are friends and they won't breach these SMSF's as they are their "mates", this is who the ATO needs to hunt down.
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  • avatar
    So only 1 in 3 auditors comply with ATO standard. Thats an ordinary result for the profession
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    • avatar
      the real problem is tax agents and accountant providing smsf services and advice when they do not understand the SIS act
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      • avatar
        That is a ridiculous generalisation based, I suspect, on nothing more then personal bias. Most tax agents and accountants do understand the SIS act, often better then some of the FP's we see.
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        • avatar
          From what we have seen, the Financial Planners seem to know very little, if nothing about the SIS Act and very little about income tax law.
          0
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