Compliance and your annual obligations

Every year your SMSF goes through the same cycle: prepare accounts, get an independent audit, lodge a return and pay the ATO levy. Along the way there are three rules that trip up trustees most often — lending to members, in-house assets and borrowing.

4.1 The annual cycle

Annual SMSF cycle: accounts, audit, annual return and ATO levy
Step What happens
1. Financial statements Accounts and member statements are prepared for the year ending 30 June.
2. Independent audit An ATO-approved SMSF auditor checks the accounts and that the fund followed the rules. Trustees must appoint an auditor each year and provide documents within 14 days of a request.
3. Lodge the SMSF annual return Reports income tax, regulatory information and member contributions to the ATO. The audit must be finished before the return is lodged.
4. Pay the supervisory levy An annual ATO levy (currently $259) is paid with the return.
Why the audit matters

If the auditor finds a breach, they may have to report it to the ATO in an Auditor Contravention Report. Fixing problems before year end is far easier than explaining them after.

4.2 No loans or financial help to members (s65)

An SMSF must not lend money or give financial help to a member or their relatives. That includes:

  • Lending fund money to a member — even “just until payday”.
  • Using fund assets as security for a member’s personal loan.
  • Paying a member’s personal expenses and “sorting it out later”.

This is one of the most common breaches auditors report — and one of the easiest to avoid.

4.3 In-house assets — the 5% limit

An in-house asset is a loan to, investment in, or lease of a fund asset to a related party (a member, relative, or a business they control). The rule is simple:

The 5% rule

In-house assets must be no more than 5% of the fund’s total assets (at market value). If the fund is over 5% at 30 June, the trustees must make a written plan to bring it back under 5% — and carry it out — during the next financial year.

Exception: business real property (e.g. a commercial office or factory) leased to a related business at market rent is not an in-house asset.

4.4 Borrowing restrictions

As a general rule, an SMSF can’t borrow money. There are only narrow exceptions:

  • Short-term borrowing (up to 90 days, max 10% of assets) to pay benefits or cover settlement of a share trade.
  • SMSF loans (via a bank or lender) — formally called limited recourse borrowing arrangements (LRBAs) — a loan to buy a single asset held in a separate holding trust, where the lender can only claim that asset if things go wrong.
New in 2026 — residential property

From 10 August 2026, SMSFs can no longer enter new SMSF loans to buy residential property. New SMSF loans for real property are limited to business real property (commercial premises used in a business). Existing residential SMSF loans entered before that date continue and can generally be refinanced. An SMSF can still buy residential property without borrowing.

Cabins — the distinction: a holiday home or holiday cabin rented out on its own is residential — no new SMSF loan (the fund can still buy it with its own money). A cabin that is part of a genuine accommodation business (e.g. a holiday park or farm-stay run as a business) may be business real property, so a new SMSF loan can be used. Get written advice before borrowing.

4.5 Quick check — compliant or not?

Situation Compliant?
The fund lends $20,000 to a member’s son for a car ✘ No — s65
The fund owns shares in a related family company worth 4% of total assets ✔ Yes — under the 5% limit
The fund takes out a new SMSF loan in 2027 to buy a residential unit ✘ No — new residential SMSF loans banned from 10 Aug 2026
The fund takes out an SMSF loan to buy a warehouse leased to an unrelated tenant ✔ Yes — business real property
Trustees give the auditor the bank statements within 14 days of the request ✔ Yes

Key takeaways

  • Each year: accounts → independent audit → lodge annual return → pay the levy.
  • s65 — never lend to, or financially help, members or relatives.
  • In-house assets — keep under 5%; fix it within a year if you go over.
  • Borrowing — generally banned; new SMSF loans now limited to business real property.
Want the full picture?

This free course covers the essentials. The full SMSF Trustee Education Course ($11) goes deeper across 10 lessons — setup steps, trustee structures, contribution caps, pensions and winding up a fund.

See the full course

General information only — not personal financial, tax or legal advice. Rules referenced are current as at October 2026. Check the ATO website or speak to a licensed adviser before acting.