When a trustee goes bankrupt…

SMSF members need to be aware of the rules that govern their fund, including what to do when one member becomes bankrupt.

A requirement of an SMSF is that each individual trustee of the SMSF must be a member of the SMSF. In the case of corporate trustees, every member must be a director. This means all members are connected and held accountable for one another. If one member enters bankruptcy, they will be categorised by the ATO as a “disqualified person”, meaning they can no longer act as trustee of the SMSF.

Where a disqualified person continues to act as an SMSF trustee or director, they will be committing an offence that is subject to criminal and civil penalties. The ATO provides a six-month grace period to allow a restructure of the SMSF so that it either meets the basic conditions required or can be rolled over into an industry fund. During the six-month grace period, the ATO requires:

By outsourcing your SMSF administration to the SMSF Compliance Experts, your clients will receive best-in-class SMSF compliance service.

Are you ready to never worry about SMSF administration again?
Contact us today to get more information or to get started!

Marsden Park

SMSF Compliance experts

37 Dromana Rd
Marsden Park
NSW 2765

P. 0419 283 241

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