SMSF Specialist Auditor (SSAud) Exam study materials
SMSF Specialist Auditor (SSAud) Exam study resources

SMSF Specialist Auditor (SSAud) Exam: Superannuation Legislation and Regulatory Framework

SMSF Specialist Auditor (SSAud) Exam · Work through your exam, one topic at a time.

All guide sections

Superannuation Legislation and Regulatory Framework

The statutory architecture

SMSFs sit within the SIS Act, SIS Regulations, the Income Tax Assessment Act 1997 (concessional/caps), and ATO guidance. Know the regulator roles: APRA for prudentially regulated funds, ATO for SMSFs. Understand the complying status concept - a fund must be an Australian superannuation fund and comply with SIS to receive tax concessions. Non-complying status exposes the fund to significant tax on assets.

Core rules candidates must know

  • Sole purpose test (s 62): the fund must be maintained solely for retirement and related benefits; no pre-retirement benefit to members or related parties.
  • Contribution acceptance rules: age-based work tests, member contribution caps (concessional and non-concessional), and the bring-forward rule.
  • Benefit payment standards (SIS Reg 6.01): conditions of release, preservation, and payment methods.
  • Borrowing (s 67A/67B): limited recourse borrowing arrangements and the single acquirable asset rule.
  • In-house assets: the 5% limit and excluded assets.
  • Record keeping and reporting: annual return, member statements, and event-based reporting.

Traps in questions

  • Mixing APRA and ATO responsibilities.
  • Assuming a breach automatically makes the fund non-complying; compliance status is a separate determination.
  • Confusing the sole purpose test with the arm's-length rule.
  • Forgetting that contribution caps are per member, not per fund.

Worked example

A trustee asks whether a loan to a member's business is allowed. Test: is it an in-house asset? Is it an arm's-length dealing? Does it breach the sole purpose test? If the loan exceeds 5% of fund assets, it breaches the in-house asset limit and is reportable.