APRA-regulated funds

Over view

Super funds regulated by the Australian Prudential Regulation Authority (APRA) are typically large funds with hundreds or thousands of members. These funds have important reporting and administrative obligations to the ATO and their members.

Reporting and administrative obligations

Super funds have reporting and administrative obligations for:

Reporting and lodgment dates

You report twice each year on lost members and unclaimed super, and annually for member contributions. You must also lodge an income tax return annually.

How to report

Most reporting can be done electronically through our electronic commerce interface. Electronic reports must meet the relevant electronic reporting specification. Some reports can be prepared using our SuperReport software.

You can use paper forms if you are reporting for 100 or fewer members.

Quality assurance

Efficient, effective administration and reporting processes can be achieved by applying better practices in key areas such as risk identification, quality assurance programs, and procedures for processing and reporting transactions.

Penalties

Your super fund may incur penalties for:

failing to lodge required statements with us by the due date
providing us with statements that are materially false or misleading
failing to pay unclaimed super by the due date
failing to make reasonable efforts to contact those who are entitled to unclaimed super.

APRA-regulated funds - home

Reporting and administrative obligations

Lost members

You need to report twice each year about your lost, inactive, found and transferred members. We use this information to update the lost members register, enabling us to keep information on SuperSeeker up to date.

Member contributions

You lodge an annual report of employer, personal and other contributions you have received for your members. You can prepare your member contributions statement using our SuperReport software and lodge it over the internet or through a tax agent.

Unclaimed super

Twice a year, you report and pay to us:

unclaimed super of members aged 65 years or older, non-member spouses and deceased members
unclaimed super of former temporary residents
small lost member accounts and insoluble lost member accounts.

Departing Australia superannuation payment

Former temporary residents can apply for payment of the super they accumulated while in Australia. When you make such a payment, you need to withhold tax from the payment and remit the tax to us.

Payment variation advice

You should complete the Superannuation payment variation advice (PVA) to notify us that you cannot accept credit payments provided by us on a remittance advice or debit requests provided by us on a recovery notice. You can use the PVA to report for one or more members.

Fund income tax return

Your fund must lodge a fund income tax return each year. For most funds the due date depends on their tax agent's lodgment program.

First home saver account transfers

First home saver accounts (FHSAs) can attract an FHSA government contribution (similar to a super co-contribution). Usually these are paid to FHSA providers but if an FHSA has been closed and the balance transferred to super before the ATO makes the payment, then we need to pay the government contribution to the super fund that holds the FHSA balance.

No-TFN contributions

If you don't have a member's TFN, assessable contributions received on their behalf incur additional income tax, and you must return any member contributions or super co-contributions within 30 days of becoming aware that you should not have accepted them (unless you obtain the member's TFN within that time).

Portability

The portability arrangements allow your members to transfer the whole balance of their super benefits between funds, or to their own self-managed super fund.

Rollover benefits

When your fund pays a rollover superannuation benefit to another fund, you must provide the receiving fund with a rollover benefits statement within 7 days and give a copy of the statement to your member within 30 days.

APRA-regulated funds - home

Lost members

You must provide twice-yearly reports about your lost, inactive, found and transferred members. We use this information to update the lost members register.

Definition of a lost member

A lost member is a member of a super fund who is inactive, transferred from another super provider as a lost member, or is uncontactable. A member is not a lost member if their address has been confirmed in the past two years, or they have indicated that they want to remain a member.

Lost members register

We use your lost member reports to update the lost members register, which is a central register of lost super fund members and lost retirement savings account holders.

You can use SuperMatch to search the register online for your members' lost super.

Your reporting and record keeping obligations

You report by lodging a lost members statement (LMS). It incorporates a non-lodgment advice, which you will need to complete in some circumstances. You need to lodge your report:

for the period 1 January to 30 June - on or before 31 October of that year
for the period 1 July to 31 December - on or before 30 April of the following year.

How to lodge your report

The best way to lodge your LMS is electronically, using our electronic commerce interface. If you are reporting for more than 100 lost members, you must lodge electronically. If you have 100 or fewer lost members you can lodge electronically or lodge a paper LMS.

What to include in your report

In your LMS you report on your lost, inactive, found and transferred members, with a code letter indicating their status. If a member's status has changed or was incorrectly reported, you need to lodge another LMS for that member. If an error was made you need to report that member with a status of 'E'.

If you don't have to report on lost members for a particular reporting period, you'll need to complete and lodge a non-lodgment advice (NLA), which has been incorporated into the LMS. An NLA is not required for funds with fewer than 5 members.

Rejected member records

You will receive an outcome of lodgment report after your LMS is processed. If any records have been rejected - for example, because required fields are missing - you will generally need to re-lodge the LMS with only the corrected member records included.

APRA-regulated funds - home

Definition of a lost member

According to regulations 1.03A of the Superannuation Industry (Supervision) Regulations 1994 (SISR) and subregulation 1.06(1) of the Retirement Savings Accounts Regulations 1997, a lost member is a member of a super fund who:

is uncontactable - you may not have been advised of the member's address or mail sent to the member's last known address has been returned unclaimed. If one piece of mail is returned to you unclaimed, you may choose to report the member as lost; if you receive two pieces of unclaimed mail, you must report the member as lost
is an inactive member - they are inactive if they joined, as a standard employer-sponsored member, more than two years ago and there have been no contributions or rollover amounts in respect of that member within the past five years
transferred from another super provider as a lost member and you haven't found or been advised of a new address.

For more information, refer to the Lost members register - protocol document (NAT 72330).

Exclusions from being a lost member

A member is excluded from being a lost member if:

they have (or you have) confirmed their current address within the past two years
they are permanently excluded from being a lost member.

A member can be permanently excluded from being a lost member if they:

are an inactive member of the fund but indicate by a positive act - for example, deferring a benefit - that they want to remain a member
contact you and indicate that they want to remain a member
are a member of a self-managed super fund.

From 1 July 2010, the government requires super providers to report and pay the following accounts as unclaimed super:

lost accounts with balances of less than $200 (small lost member accounts)
lost accounts which have been inactive for a period of five years and have insufficient records to ever identify the owner of the account (insoluble lost member accounts).

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Lost members register

The lost members register (LMR) is a central register of lost super fund members and lost retirement savings account holders. We maintain this register and use your lost member statements to keep it up to date.

This section has information about:

SuperSeeker, which your members can use to search the LMR for their lost super
SuperMatch, which you can use to search our records for your members' lost super.

SuperSeeker

Members can search for their lost super by:

using SuperSeeker online at www.ato.gov.au/superseeker
phoning the SuperSeeker self-help phone service on 13 28 65. The search is conducted using the member's tax file number (TFN) and date of birth. This phone service is available 24 hours a day, 7 days a week
completing and lodging a Searching for lost super form (NAT 2476).

If SuperSeeker finds possible matches, it displays the name and contact details of the super funds that may have the client's lost super. The client then needs to contact the super fund to provide their new contact details and talk about what to do with their lost super.

SuperSeeker will allow a client to complete a portability form online and in some instances allow them to lodge it electronically to the fund holding their lost super.

Clients will need to provide personal details (TFN, name and date of birth) before we conduct a search of their lost super. They will then be required to complete additional information on the electronic portability form. We will conduct a number of checks before allowing the client to submit the portability form online.

Clients will not be able to lodge the portability form electronically if:

the fund holding their benefits:

does not have a current ABN
cannot accept electronic transfer requests

the fund they are requesting their benefits be transferred to is:

not a regulated fund
wound up
identified as an illegal early release scheme
a self-managed super fund (SMSF) and we cannot verify they are a member of the SMSF

we cannot verify the account details of the fund to which they are requesting their benefits be transferred (this may happen if they have recently opened the account and we have not yet received a member contribution statement about them from the fund).

If an electronic portability form is lodged for you we will send an email advising that the file is available for collection through the electronic commerce interface.

Funds can:

view and print the portability form in a readable HTML format
develop software as per the electronic reporting specifications for the SuperSeeker portability form.

You can update your fund's contact details (that is, the phone number that a member would call to enquire about lost super) by completing a Change of details for superannuation entities (NAT 3036) form or calling 13 28 66.

SuperMatch

You can search our records for your members' lost super using SuperMatch. You send members' superannuation details to us electronically to assess if they are lost members with you or other super funds and also to match them with superannuation entitlements that are held by us. Once a match is made and we have received the appropriate authorisation, SuperMatch also allows for the transfer of superannuation credits held by us to your fund.

SuperMatch is an electronic commerce interface designed to provide you with information about:

individual lost member information from the LMR
amounts of super guarantee charge we hold
accounts maintained for individuals in the superannuation holding accounts special account.

You can use SuperMatch to search for just one record or to search records in bulk.

	For more information, refer to About SuperMatch (NAT 7344).
	APRA-regulated funds - home

Your reporting and record-keeping obligations

You must give us regular reports about your lost, inactive, found and transferred members. You need to do this if you are:

a super fund
an approved deposit fund
an eligible rollover fund
a provider of a retirement savings account.

Self-managed super funds are not required to report lost members.

To meet your reporting obligations, you should lodge a lost members statement (LMS), which includes a non-lodgment advice (NLA).

When to lodge your report

You need to report lost member information:

for the period 1 January to 30 June in a year - on or before 31 October of that year
for the period 1 July to 31 December in a year - on or before 30 April of the following year
if the Commissioner has granted an extension - on or before the extended due date.

If you don't lodge your LMS correctly

Penalties may apply if you:

don't lodge your LMS on time
provide an LMS that is false or misleading
fail to keep records correctly.

See Penalties for more information.

How long records must be kept

You must keep records of your reporting of lost members for five years after the later of:

the date the reports were prepared
the date the transaction or acts to which those records relate were completed.

Your responsibilities when your fund is merging or winding up

If your fund is merging or winding up, you need to report any lost members to us on your final LMS. This may include reporting as a fund that is transferring a member and as a fund that is receiving a member.

If the member has not been reported as lost at the time of being transferred to the receiving fund, the responsibility for reporting the lost member falls to the receiving fund. This is why it is important that the transferring fund tells the receiving fund that the member is considered lost and the reason why - that they are either uncontactable (L) or inactive (I).

If the member being transferred has been reported as lost at the time of being transferred to the receiving fund, then the fund transferring the member must report them as transferred (T). The receiving fund must report them as lost and the reason why. This will ensure that the member is only recorded once as lost on the LMR.

If you are transferring a newly 'found' member that you previously reported as lost, you must report the member as found (F) in your LMS. The receiving fund does not need to report in relation to the member.

These actions will ensure the LMR is updated and that member account status details on SuperSeeker are correct, reducing unnecessary enquiries to super fund call centres.

For more information on lost member reporting:

email us at OPSSUPERCRT-RUNDLE@ato.gov.au
phone us on 13 10 20.

APRA-regulated funds - home

How to lodge your report

Electronic lodgment

The best way to lodge your report is electronically, using our electronic commerce interface (ECI). If you are reporting for more than 100 lost members, you must lodge the information electronically.

The approved format for electronic reporting is set out in the Lost members statement - electronic reporting specification.

For more information about using the ECI:

visit our ECI website at wwww.eci.ato.gov.au
phone us on 1300 139 373.

Paper lodgment

You can lodge a paper report if you have 100 or fewer lost members to report. Use the approved form Lost members statement (NAT 71825).

The lost members statement contains space to report three members. Use the Member details form (NAT 71825A) to report additional members (use as many of these forms as you need).

	For copies of these forms, refer to Lost members statement (LMS) paper forms.
	APRA-regulated funds - home

What to include in your lost members statement

You must report on members who:

are lost (or were transferred into the fund as a lost member)
are inactive (or were transferred into the fund as an inactive member)
have been found
have been transferred to another super provider as lost members since the last report, or the lost member's account has become unclaimed super money and has been paid to us or a state or territory authority
were reported in error and should be removed from the LMR or have their status amended.

Non-lodgment advice

You need to complete the non-lodgment advice (NLA) section of the LMS and lodge the statement, if:

you have no new lost members to report
any members taken to be lost but not previously reported as lost have been transferred to another super provider
newly lost members have a nil account balance
any members you previously reported as lost

have not been found
were not transferred out
were correctly reported as lost and are still lost.

The completed NLA tells us that you do not have to report lost members for a specific reporting period and the reasons why.

For more information, refer to:

Lost members statement - electronic reporting specification version 5.5 (NAT 17226)
Lost members statement (LMS) paper forms (NAT 71825).

Lost members

You must report details of newly lost members, using a member status of 'L', if:

they transferred from another super provider as a lost member and you haven't found or been advised of a new address
the member is uncontactable - that is:

the fund has never had an address for them, or
two written communications have been sent to the member's last known address and returned unclaimed (if it chooses, the fund can report a member as lost if only one written communication is returned unclaimed).

You only report newly lost members - don't report members you have already reported as lost.

Inactive members

You must report details of inactive members, using a member status of 'I', if:

they joined more than two years ago as a standard employer-sponsored member, and
the fund has not received any contributions or rollover amounts in respect of that member within the past five years.

If a member is inactive and you cannot contact them (see Definition of a lost member), you should report the member as lost, using a member status of 'L'.

Found members

You must report found members using a member status of 'F'. Found members are members you previously reported as lost but:

contact with the fund has been re-established, and the member has left their benefit in the fund, or elected to cash it in as it was under $200 or a condition of release was met
contact with the fund has been re-established, and the member has rolled their benefit over to another fund, or
there was contribution activity on an account previously considered inactive.

Transferred members

You must report lost members as transferred, using a member status of 'T', if they were transferred to another fund or eligible rollover fund as a lost member and their benefits were transferred out of the fund during a reporting period. You also need to advise the new fund of the members' status. The receiving fund is required to report the transferred members as lost or inactive in their report. It is important that the transferring fund tells the receiving fund that the member is being transferred because they are 'lost'.

A member is also reported as transferred if their lost members account has become unclaimed super money and been paid to us or a state or territory authority.

Transferred members who have not been previously reported as lost members should not be reported as either transferred or lost by the transferring fund.

Amending a member's status and correcting errors

You must remove an existing lost member from the LMR if you reported them:

in error
as lost 'L' or inactive 'I', and they have since been transferred as a lost member to another super fund or reported and paid as unclaimed super
as lost or inactive and they have since been found.

Where you have reported them in error and need to remove them from the LMR, you will need to lodge an updated LMS identifying the original member with a status of 'E'.

Where you have reported them in error and need to supply the correct details (for example, you previously provided an incorrect member account number), you will need to lodge an updated LMS identifying the original member with a status of 'E'. In the same report you can also lodge the correct details for that member with a status of 'L' or 'I'.

Where appropriate you must update a member's status to remove them from the LMR. For example, where you previously reported them as lost or inactive and they have since transferred or been found, you will need to lodge an updated LMS identifying them with the relevant status of 'T' or 'F'.

The following details must be an exact match to the details on the LMR for us to accept an updated record:

member account number
member client identifier
provider TFN.

It is important that the above information is provided exactly as you previously advised to ensure the member details are correctly removed or updated.

In addition, all mandatory fields must be completed and the member's account must be greater than zero. If the member status field is 'T', 'F' or 'E', use the member's current balance unless the amount is zero. If the member's current balance is zero then use the balance last reported for the member.

If any of the above information is not supplied (where applicable), we may fail to match the data with the original record, which can cause the new LMS to be rejected.

	For more information, refer to Lost members register - protocol document.
	APRA-regulated funds - home

Rejected member records

You will receive an outcome of lodgment report after the LMS is processed. This report provides details of any rejected records and the reason for the rejection.

Common causes of rejected records are:

required fields are missing
incorrect reporting period
the lost accounts reported have zero or negative balances.

You will need to lodge another LMS with only the corrected member records included. There may be informational errors reported, for example you may have provided an invalid contact name. You may correct these and re-lodge the LMS, but this is not necessary to comply with legislative reporting requirements.

The report will be available to download via the electronic commerce interface, or a paper copy will be sent to you if you lodged using a paper form. You will receive an outcome of lodgment report even if there are no errors - in this case, it will provide only a report summary and list of the accepted lodgments.

For more information, refer to:

APRA-regulated funds - home

Member contributions statement

The member contributions statement (MCS) is an annual statement you lodge with us to report contributions you have received for your members.

We use the MCS to:

work out which of your members are entitled to a super co-contribution and where to pay the co-contributions
identify members who have exceeded the concessional and non-concessional contribution caps and assess how much excess contributions tax they must pay
check that employers have complied with the superannuation guarantee.

Your reporting obligations

By 31 October each year you need to lodge an MCS reporting on contributions received during the most recently completed financial year. There are penalties for failing to lodge a complete and accurate MCS on time.

How to lodge your report

If you are reporting for 100 members or more, you must lodge electronically. You can prepare your MCS file using our SuperReport software and lodge it over the internet using our electronic commerce interface (ECI), or through a tax agent.

You have the option of lodging a paper MCS (or lodging electronically) if you are reporting for fewer than 100 members and need to lodge no more than 20 paper forms.

If you use a supplier or agent to lodge on your behalf, you must complete a written Supplier lodgment declaration.

What to include in your report

You must report on the employer, personal and other contributions of all members who had contributions during the financial year. You also need to report the member's withdrawal balance as at the end of the financial year.

Amendments

If, after lodging an MCS, you discover any material errors or omissions in the information you reported, you must lodge an amended MCS within 30 days of becoming aware of these errors. You should only amend an MCS where genuine errors have occurred.

APRA-regulated funds - home

Your reporting obligations

After each financial year you must report to us on contributions you have received for your members.

You report by lodging a member contribution statement (MCS) on or before 31 October following the end of the financial year for which you are reporting.

You must complete a separate MCS for each financial year you are reporting.

If you don't lodge your MCS correctly

Penalties may apply if you:

don't lodge the MCS on time
don't report for all your current contributing members
provide incorrect information.

See Penalties for more information.

APRA-regulated funds - home

How to lodge your report

This section explains how to lodge the member contributions statement (MCS) with us:

electronic lodgment
paper lodgment
the supplier declaration (if a supplier or agent lodges on your behalf)
reporting for 2007 and earlier financial years.

Electronic lodgment

The best way to lodge your MCS is electronically. You can lodge:

through our electronic commerce interface (ECI)
through a tax agent using the electronic lodgment service (ELS).

Electronic lodgment is secure and uses in-built checking to ensure you have completed all the necessary fields. It also allows reports to be lodged after hours and provides an online receipt when the report is lodged.

You must report electronically if you are reporting for 100 or more members, or would need to lodge more than 20 paper forms.

The format of your electronic MCS file must meet our current electronic reporting specification. Reports that use outdated versions of the specification may not be accepted.

You can prepare your MCS using SuperReport. This free application produces a report that meets our electronic reporting specification. The information you record in SuperReport can be exported to an electronic data file and then lodged with us using the ECI.

Make sure your MCS uses the latest specification and software:

The approved format for electronic reporting is set out in the Member contributions statement - electronic reporting specification.
The latest version of SuperReport produces an MCS that meets the current electronic reporting specification.

For more information about using the ECI, visit our ECI website at www.eci.ato.gov.au

MCS electronic lodgments must be done online. We will no longer accept lodgments on magnetic media.

Paper lodgment

You can lodge a paper form if you are reporting for fewer than 100 members and lodging no more than 20 forms.

Use the form Super member contributions statement (NAT 71334).

Supplier declaration

Where a supplier (agent) lodges the MCS on your behalf, you must make a written declaration that:

you have authorised the agent to give the MCS to us
the information you gave to the supplier to prepare the document is true and correct.

You must give the declaration to the supplier and keep a copy for five years.

Under the tax law, you must show us this declaration if we ask to see it or you may be penalised.

If you lodge electronically, you can make your declaration using the Supplier lodgment declaration (NAT 71913).

If you lodge the paper Super member contributions statement (NAT 71334), the declaration is included as part of the form.

Reporting for 2007 and earlier financial years

If you are lodging an MCS for contributions you received in the financial years 1996-97 to 2006-07, you can lodge on paper or electronically.

To lodge:

on paper, use the Superannuation member contributions statement (NAT 2710, PDF, 655KB)
electronically, submit an electronic MCS file that meets the MCS Electronic reporting specification.

APRA-regulated funds - home

What to include in your report

Which members to report on

You must report for everyone who was a member at some time during the financial year if you received contributions for them during that year, and you:

still hold those contributions at the end of the financial year, or
no longer hold them but the contributions were transferred out in the same financial year they were contributed, through

a lump sum benefit payment
a departing Australia superannuation payment (DASP)
the start of a pension or an annuity
a death benefit payment
a payment to a non-member spouse (if all funds have been transferred from a member's account to the non-member spouse due to marriage breakdown).

What information to report

You must report the following contributions in the MCS:

employer contributions (including salary sacrifice contributions)
personal contributions a member made to an account in their name, including any personal contributions for which the member has notified you they intend to claim a deduction
personal contributions that you must report separately because they relate to the following elections to exclude amounts from the non-concessional contributions cap

capital gains tax (CGT) small business retirement exemption
CGT small business 15-year exemption
a personal injury payment where the member has notified you of exemption before, or when, making the contribution

contributions to the member's account made by a spouse or on behalf of a child under 18 years of age
contributions to the member's account from other family or friends
the taxable part of any directed termination payment
transfers from foreign super funds (separately reporting the assessable and non-assessable parts)
amounts allocated from reserves (separately reporting the assessable and non-assessable parts)
contributions made on or after 10 May 2006 to a non-complying fund that became a complying fund during the reporting year
the total of all contributions you received, credited, allocated or attributed to a member's account for the financial year, before any tax or expenses are debited from it (including any super co-contribution).

You must also report the member's withdrawal balance as at the last member reporting date.

You must report contributions in the financial year they were made for a member even if:

you don't allocate the contributions to the member until the following financial year
since the end of the financial year, some or all of the contributions have been rolled over or transferred to another fund, or allotted to a spouse as a contributions-splitting lump sum.

Generally, all contributions for the income year are reported by the fund that holds them on 30 June. For each contribution type, the amount your fund reports to us each year is:

contributions made to your fund from 1 July to 30 June
plus contributions made to another fund from 1 July to 30 June and rolled into your fund
less any of the above contributions to the extent they have been rolled over to another fund by 30 June.

Reporting for 2007 and earlier financial years

If you are reporting for a financial year prior to 2007-08, there are differences in what you must report. These are explained in the:

Member contributions statement - electronic reporting specification
paper form Superannuation member contributions statement (NAT 2710).

APRA-regulated funds - home

Amendments

This section has information about:

When to amend an MCS

If, after lodging an MCS, you discover any material errors or omissions in the information you reported, you must lodge an amended MCS within 30 days of becoming aware of these errors.

You should only amend an MCS where genuine errors have occurred. You should not amend an MCS because, for example, a member wants to change the amount or character of the contributions they made during the year to avoid an excess contributions tax liability.

Only amend an MCS if you have made a genuine and material error. Member pressure does not change whether an error is genuine or material.

Funds found to be in breach of, or acting in a manner which appears contrary to, the legislation, regulations or our published interpretation of the legislation risk penalties being imposed on them.

In some limited circumstances, you may be required to amend an MCS because of the retrospective operation of the law that causes a transaction to be unwound or become void. For example, the return of contributions credited to a member's account in restitution of a legal error of fact (a legal 'mistake') - for example, moneys credited to the wrong account because of an error by the fund's administration staff.

Special requirement to amend when a TFN notice is received

There is an important exception to the general rule that an amendment is only required to correct the fund's own errors in its reporting.

Funds are required to remove a TFN from their records if they receive a 'Notice of invalid quotation of tax file numbers'. The legal effect of this notice is that the members listed on the notice are taken not to have ever provided their TFN to you. The effect is a retrospective one.

As a result of the notice you may have an obligation to pay no-TFN contributions tax on the members' employer contributions and other taxable contributions and must return all member contributions made by the affected members on or after 1 July 2007.

The important MCS consequence is that you must, within 30 days, amend each MCS lodged for the affected members in respect of the 2007-08 and later years. The amended MCSs should not include a TFN and, where relevant, should reflect the return of any member contributions.

How to amend an MCS

When amending MCS data for particular member accounts, you must ensure that all the correct previously reported data in the original MCS for those accounts is re-reported on the amended MCS exactly as it was in the original lodgment. An amended statement for a particular member account replaces the original MCS given for that account. Any original data that has not been included in an amended statement will no longer be considered when the amended MCS causes our systems to alter determinations of co-contributions entitlement or excess contributions tax assessments.

To ensure that the amended MCS is processed correctly for the member, the fields 'provider member account number' and 'provider client identifier' must be identical to those in the original MCS for that member account.

When you amend an MCS using the same account details, the last MCS we have processed will be the one that is used in the super system for the member. To minimise the likelihood of us processing MCSs in the incorrect order, you should not report more than one MCS for the same account details on the same day.

How to amend member account details

If the original MCS reported the member account details incorrectly, you need to lodge two MCSs to correct your reporting.

The first MCS should report the same member account details as the original, but with all of the contributions reported as nil. This will replace the original MCS and remove the contributions from the super system. This may result in changes to the member's co-contribution entitlement and a reduction or removal of an excess contributions tax liability.

The second MCS will be a new report with all of the correct account and contribution details for the member. This will restore the member to the correct position in the super system. To minimise problems for your members, these two MCSs should be lodged as close together as possible (but, as above, not on the same day).

	In most cases there is no need to amend an MCS only to re-report an incorrectly reported account number. This would not usually be a material change.
	APRA-regulated funds - home

Unclaimed super

You must provide twice-yearly reports and pay unclaimed super benefits that satisfy an unclaimed super category. We use this information to update the unclaimed super money register (viewable in SuperSeeker) to enable amounts to be claimed.

Types of unclaimed super

Unclaimed super falls into the following categories:

member aged 65 or older
non-member spouse
deceased member
former temporary resident
member with a small lost member account or insoluble lost member account.

Your reporting and payment obligations

Generally you report and pay unclaimed super twice a year, on 31 October and 30 April. You may need to lodge an unclaimed super money statement, or a non-lodgment advice, or both. If you do not receive a section 20C notice in relation to the super of former temporary residents, you have no reporting obligation for that category of unclaimed super.

How to lodge your report

The best way to lodge your statement or non-lodgment advice is electronically, using our electronic commerce interface (ECI). If you are reporting for more than 100 members, you must lodge electronically. If you have 100 or fewer members to report on you can lodge electronically or lodge a paper form.

How to pay

Unclaimed super can be paid by cheque, BPAY® or direct credit payment. Payment must be made with your unclaimed superannuation money statement.

Unclaimed super registers

Prescribed state and territory public sector super schemes can transfer unclaimed super to us. Otherwise they report and pay to the state or territory authority.

APRA-regulated funds - home

Types of unclaimed super

As a general principle you should attempt to contact the relevant person and advise them of their entitlement to a super benefit as soon as practical after:

a member has reached eligibility age (65 years)
a non-member spouse becomes entitled to a splittable payment
a member has died and another person is entitled to the money.

The person's super will generally be considered to be unclaimed super if you attempt to contact the member but cannot:

contact them
ensure payment to the non-member spouse entitled to the splittable payment
ensure payment to the person entitled to receive the deceased person's benefits.

The following are also considered types of unclaimed super:

super of former temporary residents - if any of your members are in this category we will issue you with a notice about them
small lost member accounts or insoluble lost member accounts.

Members aged 65 years or older

An amount payable to a member of a fund is taken to be unclaimed super if the following criteria are met:

the member has reached eligibility age (65 years, or older if so prescribed by the fund's governing rules)
you have not received an amount for the member (or, in the case of a defined benefit super scheme, no benefit has accrued for the member) within the past two years
after a period of five years since you last had contact with the member, you have been unable to contact the member again after making reasonable efforts.

Non-member spouse

An amount payable to a non-member spouse is taken to be unclaimed super if the following criteria are met:

a payment split applies to a splittable payment for an interest that a person has as a member of a fund
as a result of the payment split, the non-member spouse (or their legal personal representative if they have died) is entitled to be paid an amount
after making reasonable efforts and after a reasonable period has passed, you are unable to ensure that the non-member spouse or their legal personal representative will receive the amount.

Deceased member

An amount payable for a deceased member of a fund is considered to be unclaimed super if the following criteria are met:

the member has died
you determine that, under the governing rules of the fund or by operation of law, a benefit (other than a pension or annuity) is immediately payable for the member
you have not received an amount for the member (or, for a defined benefit super scheme, no benefit has accrued for the member) within the past two years
after making reasonable efforts and after a reasonable period has passed, you are unable to ensure that the benefit is received by the person who is entitled to receive the benefit.

Former temporary resident member

If we believe a former temporary resident has super in your fund, we will issue you with a section 20C notice requiring you to report and pay the amount to us as unclaimed super.

A person is a former temporary resident if:

the member held a temporary visa that has ceased to be in effect and they left Australia after starting to be the holder of the visa
at least six months has passed since the later of the following:

the visa ceased to be in effect
the member left Australia

the member is not currently the holder of a temporary visa, a permanent visa or a prescribed visa, and has not made a valid application for a permanent visa
the member is neither an Australian nor a New Zealand citizen.

Small or insoluble lost member accounts

From 1 July 2010, a lost member account of a fund is taken to be unclaimed super if it does not relate to a defined benefit interest, and:

the balance of the lost member account is less than $200 (small lost member account), or
the lost member account has been inactive for a period of five years and the provider is satisfied that it will never be possible to pay an amount to the member (insoluble lost member account).

	For more information and specific tests to determine whether an amount is unclaimed super, refer to Unclaimed superannuation money protocol document.
	APRA-regulated funds - home

Your reporting and payment obligations

You must report to us about unclaimed super twice a year, on 31 October and 30 April. This section has information about:

When to determine and report your unclaimed super

You determine your unclaimed super (including small or insoluble lost member accounts) as at the end of the unclaimed money day, and lodge your statement and payment by the scheduled statement day.

Unclaimed money day	Scheduled statement day
30 June	31 October of the same year
31 December	30 April of the following year

Former temporary resident unclaimed super reported in response to a section 20C notice must also be reported and paid by the scheduled statement day. However, if we give you the notice less than 28 days before the scheduled statement day, the due date will generally be the following scheduled statement day.

Which reports to lodge

You may need to lodge an unclaimed super money statement (USMS), non-lodgment advice (NLA), or both.

You lodge a USMS and pay by the scheduled statement day if any of the following apply:

you have received a section 20C notice in relation to the super of a former temporary resident
as at the end of the unclaimed money day, you have accounts with a balance greater than zero that are:

unclaimed super of members aged 65 years or older, non-member spouses or deceased members
small lost member accounts or insoluble lost member accounts.

You must submit an NLA by the scheduled statement day if, at the end of the unclaimed money day:

you do not have unclaimed super of members aged 65 years or older, non-member spouses or deceased members, or any of these accounts have nil or negative balances, or
you do not have small or insoluble lost member accounts, or any of these accounts have nil or negative balances.
If you have neither unclaimed super nor small or insoluble lost member accounts to report, you can submit one NLA for both.

If you need to lodge a USMS for one of the reasons given above, and you must submit an NLA for one of the reasons given above, then you must lodge both.

You are not required to submit a NLA if you are:

a regulated super fund with fewer than five members
a state or territory public sector super scheme that reports and pays, by law, unclaimed super to its relevant state or territory authority.

If you don't lodge and pay your USMS or NLA correctly

Penalties may apply if you:

don't lodge and pay on time
provide statements that are false or misleading
fail to keep records or keep records incorrectly.

Type of scheme	Where to report and pay
Private sector	ATO
Commonwealth Government	ATO
State or territory government	State or territory authority or the ATO, depending on the relevant state or territory law

From 17 November 2010, prescribed state and territory public sector super schemes are permitted to transfer unclaimed super to us. If you are a state or territory government fund, contact your state or territory authority to confirm whether you can transfer unclaimed super to us.

Requesting a deferral

To request a deferral of the deadline for lodging an unclaimed super statement, submitting a non-lodgment advice or making a payment:

email us at OPSSUPERCRT-RUNDLE@ato.gov.au
phone us on 13 10 20
write to us at:

Australian Taxation Office
PO Box 3578
ALBURY NSW 2640

In your request include:

the super provider's name
the super provider's Australian business number (ABN)
the reason the deferral is required
the date to which the deferral is required
the number of members that will be affected and the category of unclaimed money
the sections of the Superannuation (Unclaimed Money and Lost Members) Act 1999 that relate to the deferral being requested.

Your request will be reviewed and you will be notified of the outcome.

	For more information, refer to Unclaimed superannuation provider - Frequently asked questions.
	APRA-regulated funds - home

How to lodge your report

Electronic lodgment

The best way to lodge your report is electronically, using our electronic commerce interface (ECI). If you are reporting for more than 100 members, you must lodge the information electronically. You can also use the ECI to submit a non-lodgment advice.

The approved format for electronic reporting is set out in the electronic reporting specification: Unclaimed superannuation money (USM) statement specification v4.1.

For more information about using the ECI visit our ECI website at www.eci.ato.gov.au.

Paper lodgment

You can lodge a paper report if you are reporting for 100 or fewer members.

If you are lodging by paper you must use the approved forms:

Unclaimed superannuation money (USM) statement (NAT 71864)
Unclaimed superannuation money (USM) statement - additional details (NAT 71864A)
Unclaimed superannuation money non-lodgment advice (NAT 73231).

APRA-regulated funds - home

How to pay

Unclaimed super can be paid by cheque, electronic funds transfer (EFT) via BPAY®, or direct credit payment. Payment must be made with your unclaimed superannuation money statement.

Cheques

Cheques must be in Australian dollars, crossed 'Not negotiable' and not be post dated. If you send a cheque or money order, provide the following reference:

'HOR 29 Unclaimed superannuation money'

Cheques and money orders should be made to the Commissioner of Taxation and sent with the statement to:

Australian Taxation Office
Unclaimed Superannuation Money
Locked Bag 1936
ALBURY NSW 2640

BPAY®

BPAY® allows you to transfer funds from your cheque or savings accounts using your financial institution's phone or internet banking service.

To make a payment, quote our biller code (75556) and use your EFT code as the customer reference number.

Direct credit

Details you need:

Bank	Reserve Bank of Australia
BSB	093 003
Account number	316 385
Account name	ATO direct credit account
Customer reference number	Your EFT code

Your payment must reach us on or before the due date (the relevant scheduled statement day). Check your financial institution's processing deadlines to avoid making a late payment.

For more information about making payments:

phone us on 1800 815 886 between 8.00am and 6.00pm, Monday to Friday
email payment@ato.gov.au

APRA-regulated funds - home

Unclaimed super registers

We can assist with general reporting and payment queries about super that has become unclaimed. If you are a state or territory government fund, contact your state or territory authority to confirm whether your reporting obligations are to the state or territory authority or to us. Contact details are in the table below.

If you are a Commonwealth fund, report and pay unclaimed super to us.

For all reporting and payment queries about super scheme money that became unclaimed prior to 1 January 2007, contact your state or territory authority.

State	Office	Website
ACT	The Public Trustee for the ACT	www.publictrustee.act.gov.au
NSW	Office of State Revenue - Unclaimed Money	www.osr.nsw.gov.au
NT	Territory Revenue Office	www.revenue.nt.gov.au
QLD	Public Trustee of Queensland	www.pt.qld.gov.au
SA	Unclaimed Monies - Department of Treasury and Finance	www.treasury.sa.gov.au
TAS	Department of Treasury and Finance	www.treasury.tas.gov.au
VIC	State Revenue Office	www.sro.vic.gov.au
WA	Unclaimed Monies - Department of Treasury and Finance	www.money.dtf.wa.gov.au

	From 17 November 2010, prescribed state and territory public sector super schemes are permitted to transfer unclaimed super to us. If you are a state or territory government fund, contact your state or territory authority to confirm whether you can transfer unclaimed super to us.
	APRA-regulated funds - home

Departing Australia super payment (DASP)

Temporary residents who work in Australia, and have super contributions paid by their employer, are entitled to receive their super benefits once they leave Australia. This payment is called a departing Australia superannuation payment (DASP).

We will send you a written notice (a section 20C notice) with the name of each person who is believed to be a former temporary resident and who we believe you hold a super interest for. You'll then need to pay all relevant amounts you hold relating to these temporary residents to us, as part of your unclaimed superannuation money statement.

After departing Australia, a former temporary resident can claim their super at any time from:

you (if you have not paid us the money)
us (after you have paid us the money).

This section covers:

APRA-regulated funds - home

Applications

Temporary residents can apply for their payment using:

the DASP online application system
a paper application.

For more information on how a temporary resident can apply, refer to Superannuation information for temporary residents departing Australia.

Super funds, RSA providers and their administrators can access the online applications submitted by their members or lodge applications on behalf of their members.

	For more information on the online system, refer to Accessing the DASP online application system for superannuation funds and administrators.
	APRA-regulated funds - home

Payments and withholding

When making payments to former temporary residents, super funds and RSA providers are required to:

withhold tax and remit the withheld amount to us
issue a withholding payment summary to the temporary resident.

For more information, refer to:

APRA-regulated funds - home

Reporting obligations

Scheduled statement days are 31 October and 30 April, which aligns with unclaimed money reporting obligations.

You report DASP payments for the latest financial year, either as:

a separate report by 31 October
part of your pay as you go withholding payment summary annual report, due by 14 August each year.

The annual DASP report must be lodged electronically via the electronic commerce interface (ECI).

The approved format for your DASP report is set out in the Departing Australia superannuation payments annual report - electronic reporting specification.

For more information about using the ECI visit our ECI website at www.eci.ato.gov.au.

For more information about DASP, refer to Departing Australia Superannuation Payment (DASP) - information for super funds.

APRA-regulated funds - home

Payment variation advice

You should complete the Superannuation payment variation advice (PVA) to notify us that you cannot accept:

credit payments we have provided on a remittance advice for one or more super provider members, or
debit requests we have provided on a recovery notice for one or more super provider members.

You can use the PVA to vary your:

super guarantee (SG) remittance or recovery notice
super co-contribution remittance or recovery notice
superannuation holding accounts (SHA) special account employer contributions remittance
SHA special account super co-contribution remittance
unclaimed superannuation remittance or recovery notice (including for former temporary residents)
first home saver account (FHSA) government contribution remittance or recovery notice.

This section has information about:

How to lodge

If you are reporting for a super provider with 100 or more members, or lodging more than 20 paper forms, we recommend you lodge the information electronically. Information can be lodged electronically for super co-contributions, SG allocation, SHA special account allocation and FHSA government contributions only.

For more information about electronic lodgment requirements, refer to Payment variation advice - electronic reporting specification.

For a copy of the paper form, refer to Superannuation payment variation advice (NAT 8451, PDF, 444KB).

Do not include information on a PVA if you have already reported it to us on an earlier PVA and we have processed the changes.

When to lodge

Variation type	Due date
Co-contribution recovery of overpayments	28 days after the recovery notice is given
Co-contribution remittance advice	35 days from the day after it was received from us
SG recovery	30 days after the recovery notice is given
SG remittance advice	30 days from becoming aware of inability to accept amount
SHA special account co-contribution remittance	35 days from the day after it was received from us
SHA special account employer contribution remittance	30 days from becoming aware of inability to accept amount
Unclaimed superannuation remittance	28 days after the notice is given
Unclaimed superannuation recovery	28 days after the recovery notice is given
FHSA government contribution recovery of overpayments	28 days after the issue date shown on a recovery notice
FHSA government contribution remittance advice	35 days from the day the amount was paid to you

Returning payments

If your advice is for a remittance, you must return the total of all members' credit amounts reported that you are not accepting. If your advice is for a recovery notice you don't make a payment, as you are notifying us that you cannot repay some or all of an amount we have asked you to repay.

	For more information, refer to Completing the superannuation payment variation advice (NAT 8450, PDF, 292KB).
	APRA-regulated funds - home

Fund ITR

Your fund must lodge a fund income tax return each year. The general due date for lodgment is 31 October, but in practice most funds have a different due date because their return is lodged by a tax agent as part of their lodgment program.

We send you a reminder letter each year, notifying you of your fund's actual lodgment and payment due dates.

For more information, refer to:

APRA-regulated funds - home

First home saver account transfers

This section has information about:

FHSAs and super funds

A first home saver account (FHSA) is a savings account designed to offer a simple, tax-effective way of saving for a first home through a combination of government contributions and low taxes. FHSAs are operated by 'FHSA providers' - generally banks and other financial institutions.

If the savings in an FHSA are not used to buy or build a home the account holder will live in, they generally transfer the savings into a super account. Usually this is a once-off transaction with the whole of the account balance being transferred to a super provider when the FHSA holder permanently closes their FHSA account.

First home saver accounts can attract an FHSA government contribution (similar to a super co-contribution). Usually these are paid to FHSA providers but if an FHSA has been closed and the balance transferred to super before we make the payment, we need to pay the government contribution to the super fund that now holds the FHSA balance.

Treatment and reporting of FHSA transfers

When a FHSA provider sends the balance of the first home saver account to a superfund, the payment is a contribution into the super system (rather than a rollover or transfer within the super system). The contribution is:

a member contribution for the purposes of SIS (for example, the contributions standards and the preservation rules)
a tax-free contribution, like a personal undeducted contribution, for the purposes of fund and member income tax
similar to a personal contribution but does not attract a super co-contribution
reported only at the 'All contributions received for the current year' label on the member contributions statement (MCS) or rollover benefits statement (if the amounts are rolled out of your fund before 30 June).

There is one exception in relation to the last point, above: if the FHSA transfer was under a family law obligation, the amount is reported at both the 'Spouse and child contributions amount' and 'All contributions received' labels on the MCS. We ensure the contribution is counted against the member's non-concessional contributions cap by referring to reporting given to us by FHSA providers.

For a detailed explanation of how to report FHSA contributions to super in the MCS and rollover benefits statement, refer to the MCS electronic reporting specification and to the bulletin issued 14 January 2009 explaining the Important changes to MCS reporting specifications.

Conditions for accepting FHSA contributions

In most cases you can choose to accept FHSA transfers just as you can any other member contributions. In addition, the contributions standards permit acceptance of FHSA contributions for members older than 65 years and younger than 70 years.

Accepting FHSA transfers will benefit your members and allow them to consolidate their super with you. Super account holders have indicated that they prefer to transfer the account balance held in their closed FHSA to their usual super fund rather than be placed in a situation where they are required to establish new accounts with other super funds.

The limited circumstances in which you cannot accept FHSA contributions are similar to the circumstances in which other member contributions must be rejected. They include:

the member is 70 years of age or more
the member has not provided a tax file number to your super fund (either on the transfer form or previously)
the member for whom the contribution is intended cannot be adequately identified (for example, the details of the account holder on the form do not match the membership details held by you)
the account holder is no longer a member of the super fund or the super fund can no longer accept contributions for the member because the member's account is in pension phase
your super fund is prohibited from accepting certain contributions by its trust deed, governing rules or by state or federal legislation (for example, some defined benefits funds).

Returning FHSA payments

For payments of account balances received from FHSA providers, return the payment to the payee (the FHSA provider), together with the form that accompanied the payment, either:

Super contribution from a first home saver account (NAT 72537), or
Super contribution from a first home saver account under a family law obligation (NAT 72629).

You should provide the reason for the rejection of the payment as a notation on the form.

For payments of the FHSA government contribution received from us, you need to complete a payment variation advice and send it to us with the returned FHSA government contribution payment.

APRA-regulated funds - home

No tax file number (TFN) contributions

To administer the superannuation system effectively, and in particular, the super contribution caps, it is important that tax file numbers (TFNs) are provided when contributions are made to a super fund or retirement savings account.

Obtaining member TFNs

When a member gives their TFN to their employer, the employer must pass it on to you.

For co-contributions, check that you have a member's TFN prior to accepting or claiming co-contributions on their behalf.

Accepting and returning contributions

If you receive a member contribution from or on behalf of a member who has not provided their TFN, you must obtain their TFN or return the contribution within 30 days.

Similarly, if you receive a super co-contribution payment from us for a member and you do not have their TFN, you must obtain their TFN or return the payment within 30 days.

Additional income tax

If you do not have a member's TFN, you may be liable for additional income tax of 31.5% (on top of the 15% tax you already paid) on assessable contributions, such as employer and salary sacrifice contributions. If your member gives you their TFN later, you can claim a tax offset for the additional tax you paid.

APRA-regulated funds - home

Obtaining member TFNs

If you receive calls from your members asking if you accept super co-contributions, check that you hold the member's TFN before responding. If you do not have it, we recommend you request it at this time.

Also, if you claim super co-contributions on behalf of your members, they must contact you to provide their contribution reference number. We recommend that you check you have the member's correct TFN at the same time.

When a member gives their TFN to their employer, the employer must pass it on to you.

Valid and invalid TFNs

A valid TFN must:

pass the TFN algorithm, and
belong to the person who quoted it.

TFN algorithm

The TFN algorithm is a mathematical formula that tests the validity of numbers quoted as TFNs. We can send you the algorithm to use in your software to minimise TFN errors. To find out more, refer to No tax file number (TFN) contributions.

If you provide what you believe to be a valid TFN for a member, but that TFN has been cancelled, withdrawn or is otherwise wrong, we can give you the member's correct TFN. We can only do this if they have a TFN and we can identify them. In this case you must update your records accordingly.

We will accept that a member has quoted their TFN if:

we provide you with the correct TFN, or
it is clear that the member intended to quote their correct TFN, for example, if the TFN digits have been transposed.

If the TFN you report for a member does not match our records, we will inform you that you have not quoted a valid TFN.

	For more information, refer to No tax file number (TFN) contributions.
	APRA-regulated funds - home

Accepting and returning contributions

Member contributions

You cannot accept any member contributions if your member has not given you their TFN. The member may miss out on super co-contributions they may otherwise have been entitled to.

Contributions you cannot accept include:

those your member makes
those made by your member's spouse on their behalf.

If you receive a contribution from or on behalf of a member who has not provided their TFN, you must return the contribution to the person or entity that paid it. The contribution must be returned within 30 days, unless the member gives you their TFN within that time.

Super co-contributions

If you receive a super co-contribution payment from us for a member and you do not have their TFN, you have 30 days to obtain the TFN so you can accept the payment.

If you cannot obtain the TFN you must:

return the payment to us
lodge a Superannuation payment variation advice form (NAT 8451) within 28 days, using the reason code 'NT' in section D of the form.

Contributions made before 1 July 2007

If you receive a government co-contribution for member contributions made before 1 July 2007 and you do not have the member's TFN, you do not have to return the co-contribution.

	For more information, visit the APRA website.
	APRA-regulated funds - home

Additional income tax

Members do not have to provide their TFN, but if they don't you must pay additional income tax on their assessable contributions. The contributions that are taxed in this way include:

contributions made by an employer on behalf of a member, including salary sacrifice contributions
any part of a transfer from a foreign super fund that is assessable income of the fund.

When a member gives their TFN to their employer, the employer must pass it on to you.

If your member has not quoted their TFN by the end of your income year and their account was opened:

before 1 July 2007 - the assessable contributions will be taxed an extra 31.5% when those contributions reach or exceed $1,000 in an income year (the extra tax is on all assessable contributions made in that income year, including the first $1,000)
on or after 1 July 2007 - all the assessable contributions made during the income year will be taxed an extra 31.5%.

The extra tax on these assessable contributions is in addition to the standard 15% rate of tax you pay on your taxable income.

Non-complying funds must pay an additional 1.5% tax on assessable contributions if a member has not provided their TFN.

This section has information about:

Pay as you go (PAYG) instalment calculations

This extra tax does not affect your PAYG instalment calculations. When calculating your PAYG instalments, you can exclude:

any extra tax you must pay on no-TFN contributions
any tax offset you can claim for no-TFN contributions (though you may opt to include tax offsets - see Claiming back additional tax).

Reporting your liability

You work out your liability for the additional tax at the end of the income year in which the contributions are made. Include contributions that are assessable income as no-TFN contributions income in your Fund income tax return.

Retirement savings accounts (RSAs) use the Company income tax return, which does not have separate labels to report no-TFN quoted contributions, the no-TFN tax offset or interest on overpayments of no-TFN contributions income tax. For RSAs you will need to calculate these amounts and report them at the calculations statement of the Company income tax return.

Claiming back additional tax

If you pay the additional tax and your member gives you their TFN later, you may be able to claim back the additional tax as a no-TFN tax offset in your next income tax return. You claim the tax offset in the income year in which the member first provides their TFN.

If you would like to get the benefit of this offset sooner, you can adjust your PAYG instalments to reflect the fact that you will be entitled to the offset in your next income tax return.

You can only claim the no-TFN tax offset for additional tax that was payable on no-TFN contributions income in the three income years prior to you receiving the member's TFN.

If you have debited the amount of additional tax from your member, you should refund this money to their account.

You can claim interest on an overpayment of no-TFN contributions tax if:

a member quoted their TFN to their employer before the end of an income year
the member's employer failed to pass on the TFN to you when they made contributions on behalf of that member
the contributions you received then became part of your no-TFN contributions income
the member quotes their TFN to you, resulting in an entitlement to a no-TFN tax offset
the no-TFN tax offset was applied against your income tax assessment.

If a member leaves

The additional tax on no-TFN contributions applies if a member has not quoted their TFN by the end of the income year you accepted the contributions, even if the member leaves the fund in that year.

If the member has transferred their super to another fund, the original fund (not the new fund) must pay the tax. If the former member quotes their TFN to their former fund within three years of the end of the income year in which the no-TFN contributions were made, the former fund can claim a tax offset.

Defined benefit funds

If you are a defined benefit fund, you are required to pay no-TFN contribution income tax.

If you have members who accrue benefits for the income year and they have not quoted their TFN, we will accept a reasonable method of calculating the amount of the no-TFN contributions income for the year.

Contributions income attributable to particular members, such as salary sacrifice contributions, can be determined to be no-TFN contributions income without difficulty. However, contributions that are not attributable to a particular member must be apportioned across all members of the fund on a reasonable basis - for example, by apportioning based on the super salaries of the members who have accrued benefits in the income year.

	For more information, refer to No tax file number (TFN) contributions.
	APRA-regulated funds - home

Portability

The portability rules allow your members to transfer the whole balance of their super benefits between funds, or to their own self-managed super fund (SMSF). They do this using the portability form, in either print or electronic version. This section has information about:

The portability form has standardised information and proof-of-identity requirements. This should help most members provide the necessary information, minimise the need for funds to contact the member and help funds comply with the form processing requirements.

Portability is further complemented by the lost members register (LMR) we maintain. The LMR contains details of accounts where the account holders have been reported as lost by their funds. The actual money remains with the relevant fund.

APRA-regulated funds - home

Your obligations

You are required to process a portability form within 30 days of receiving all necessary information from the member. If all necessary information has not been received within 10 working days after receiving the request, the trustee must make reasonable efforts to obtain the required information from the member.

The portability form cannot be used to:

transfer part of your members' super balance
transfer their super benefits if

they don't know where their super is, or
certain conditions or circumstances apply, for example, if there is a super agreement in place under the Family Law Act 1975

change the fund to which their employer pays contributions on their behalf - they must use the Standard Choice Form (NAT 13080)
open a super account.

APRA-regulated funds - home

Receiving a portability form

Members can send the portability form to you in:

a paper version, either:

the Request to transfer whole balance of superannuation benefits between funds (NAT 71223), or
a pre-filled version created via our online SuperSeeker system

an electronic version - an electronic portability form is generated by SuperSeeker when an individual locates their super and elects to submit their transfer request electronically.

Members will not be able to lodge the portability form electronically if one or more of the following applies:

the fund holding their benefits:

does not have a current ABN
cannot accept electronic transfer requests

the fund they are requesting their benefits be transferred to is:

not a regulated fund
wound up
identified as an illegal early release scheme
an SMSF and we cannot verify the member is a member of the SMSF

we cannot verify the account details of the fund to which they are requesting their benefits be transferred (this may happen if they have recently opened the account and we have not yet received a member contributions statement about them from the new fund).

Portability forms created by SuperSeeker, both pre-filled paper versions and electronic versions, will contain details that you provided to us when you reported the lost member. There will also be additional information provided by the member, including the superannuation fund and account details of where their benefits are to be transferred.

APRA-regulated funds - home

Viewing electronic portability forms

Super funds that submit LMR data to us electronically are able to receive the portability form in an eXtensible Markup Language (XML) file via our electronic commerce interface (ECI). These funds can either:

view and print the portability form using a web browser
develop software for receiving and processing the SuperSeeker portability form.

For more information about developing software, refer to the electronic reporting specification for the SuperSeeker portability form.

Viewing electronic portability forms using a web browser

Follow these steps to download and print portability forms in a readable HTML format using a web browser.

Download the SuperSeeker portability form xslt (XSLT) file.
Save the XSLT file into a folder/directory on your hard drive.

The XSLT file will only need to be saved once.

Download the XML file from ECI.

We will send you, or your representative, an email when an XML file is available for pick up from ECI. At most you will receive one XML file per day (Monday to Friday).

Save the XML file into the same folder/directory that contains the saved XSLT file.
Open the XML file.

The XML file contains details of all portability forms submitted to you. Where a file contains more than one form, a black line will show where one form ends and another begins.

Repeat steps 3 to 5 each time you receive notification that an XML file is available for pick up.

The portability forms will display within a web browser. Use your web browser print options to print the portability form.

For more information on downloading the XSLT and XML files or for assistance with download errors contact the Software Industry Liaison Unit:

email SILU@ato.gov.au
phone 1300 139 052.

For technical difficulties with using or installing ECI contact the ATO Technical Helpdesk: technical.help@ato.gov.au

email technical.help@ato.gov.au
phone 1300 139 373.

For Superannuation queries contact the Superannuation Info line:

phone 13 10 20.

APRA-regulated funds - home

What your members must do

Members must complete a separate portability form for each account they wish to transfer. An online portability form is sent to the fund that holds their lost member account the working day after they submit the form. Completed and signed paper forms, together with certified proof of identity documents, may be sent to the fund:

that holds the lost member account, or
to which the member wants their account transferred.

Before a member decides to transfer their super benefits, you should inform them that:

they can be removed from the LMR by updating their details if they do not want to transfer their account
their entitlements in the fund they are transferring from may cease - for example, insurance cover for death, illness or accident
certain funds may not offer insurance cover, or may require them to pass a medical examination before they are covered
both funds may charge applicable fees, such as administration, exit and withdrawal fees
they need to confirm that the fund they are transferring their benefits to is a complying and regulated fund by using Super Fund Lookup or by contacting the fund directly.

Members can:

use the portability form, Request to transfer whole balance of superannuation benefits between funds
find more information in Completing the request to transfer whole balance of superannuation benefits between funds form (NAT 71223 103 KB)
confirm that the fund they are transferring to is a complying and regulated fund by using Super Fund Lookup
search for their 'lost' super accounts using SuperSeeker, and consolidate those accounts by completing the portability form.

APRA-regulated funds - home

Transfers to SMSFs

Your members can also use the portability form to transfer super to their own SMSF. Members can only transfer their account to a complying SMSF that is regulated. If there are multiple requests to the same SMSF you can request further information from the member to verify their status.

As SMSFs are subject to the same rules and restrictions as other super funds, the transferred super benefits must be 'preserved'. Members are generally not able to access their super benefits until they are over age 55 and retired.

You can check if the SMSF is a regulated fund and its complying status using Super Fund Lookup.

For more information, refer to Completing the request to transfer whole balance of superannuation benefits between funds form (NAT 71223, PDF, 103KB).

APRA-regulated funds - home

Tailoring the form for your organisation

Treasury holds the copyright to the portability form and allows you to apply your own logo in place of the existing Commonwealth of Australia Coat of Arms when you print the form. You may further tailor the form by pre-populating relevant fields with your fund details and return address.

You must not use your logo with the Coat of Arms.

To obtain a copy of the portability form:

download the PDF version, Request to transfer whole balance of superannuation benefits between funds (NAT 71223, PDF, 103KB)
email us at OPSSUPERCRT-RUNDLE@ato.gov.au for a printable electronic version of the form
phone us on 1300 720 092.

APRA-regulated funds - home

Rollover benefits

When your fund pays a rollover superannuation benefit to another fund, you must provide the receiving fund with a rollover benefits statement within seven days. You must also give a copy of the statement to your member within 30 days.

You can use the paper form Rollover benefits statement (NAT 70944), or provide the same information electronically. If you report electronically you must include all the information we request on the paper form.

For get a copy of the paper form or for more information, refer to:

We may apply administrative penalties if we audit your fund and find that an accurate Rollover benefits statement has not been provided on time to the receiving fund.

APRA-regulated funds - home

Reporting and lodgment dates

Reporting and lodgment dates are shown in the table below.

Where a due date falls on a weekend or public holiday, the lodgment or payment may be made on the first business day after the due date without incurring a penalty or general interest charge.

Superannuation contributions surcharge payment dates and assessment variation advice lodgment dates are notional and subject to change. Super contributions surcharge was abolished on 1 July 2005. We will continue to issue surcharge assessments in relation to contributions made before 1 July 2005. Members of constitutionally protected funds will also become liable for the surcharge upon exit from their fund.

Super funds' pay as you go (PAYG) instalments are notified on their activity statements. Lodgment of the activity statement and payment of any net amount must be made on or before the due date for lodgment.

Tax practitioners should also refer to the Lodgment Program 2010-11 - details of the program for super reporting and lodgment dates. Super entities are required to lodge a fund income tax and regulatory return for each year of operation, including the year the fund is wound up.

For the latest information about superannuation, subscribe to SuperUpdate, our free quarterly electronic newsletter for super funds and administrators, tax agents, SMSF trustees and employers.

Date	Description
28 July	Super guarantee contributions for quarter 4 (1 April - 30 June) Employers are to make contributions to the super fund by this date.
14 August	Departing Australia super payment (DASP) data records for the last financial year due These form part of the PAYG withholding payment summary - annual report.
15 August	Superannuation contributions surcharge and termination payments surcharge assessments issued.
28 August	Superannuation guarantee charge statement - quarterly for quarter 4 (1 April - 30 June) Employers that did not make the required super guarantee contributions for the April-June quarter must lodge the statement by this date.
15 September	Due date for payment of super contributions surcharge and termination payments surcharge assessments issued on 15 August.
22 September	Due date for lodgment of superannuation assessment variation advice, where applicable, for the variation of assessments issued on 15 August.
28 October	Super guarantee contributions for quarter 1 (1 July - 30 Sept) Employers are to make contributions to the super fund by this date.
31 October	Income tax return for all super funds due where prior year income tax returns are outstanding as at 30 June of the most recent financial year Self-managed super funds must complete the SMSF annual return If all prior year returns have been lodged by this date, the return for the last financial year is due as in the normal program. Member contributions statement (MCS) for an Australian Prudential Regulation Authority (APRA) regulated super fund due. APRA annual return and audit report Must be lodged with APRA by this date. PAYG withholding payment summary - annual report Due if you are only reporting DASP data records for the last financial year. Lost member statement Last date to report lost members information for the period 1 January - 30 June. Unclaimed super money statement Last date to report and pay unclaimed super money for the period 1 January - 30 June. Unclaimed super money statement for small or insoluble lost member accounts Last date to report and pay small or insoluble lost member accounts for the period 1 January - 30 June. Unclaimed super money statement for former temporary residents Due date for the lodgment of statements and the payment of former temporary residents' unclaimed super to us.
15 November	Super contributions surcharge and termination payments surcharge assessments issued.
28 November	Super guarantee charge statement - quarterly for quarter 1 (1 July - 30 Sept) Employers who did not make the required super guarantee contributions for the July-September quarter must lodge the statement by this date.
1 December	Payment of income tax for taxable large/medium business super funds. Lodgment of the return is due 15 January coming (except where there is a prior year income tax return outstanding as at 30 June of the most recent financial year).
15 December	Due date for the payment of assessments of superannuation contributions surcharge and termination payments surcharge issued on 15 November.
22 December	Due date for the lodgment of superannuation assessment variation advice, where applicable, for the variation of an assessment issued on 15 November.
15 January	Income tax return for taxable large/medium business super funds as per latest year lodged Due, unless required earlier. Remember, payment for super funds was due 1 December.
28 January	Super guarantee contributions for quarter 2 (1 Oct - 1 Dec) Employers are to make contributions to the super fund by this date.
15 February	Super contributions surcharge and termination payments surcharge assessments issued.
28 February	Income tax return for non-taxable large/medium business super funds as per latest year lodged To be lodged. Income tax return for new registrant (taxable and non-taxable) self-managed super funds (SMSFs) - SMSF annual return To be lodged. Payment (if required) is also due on this date. Note some new SMSFs may be advised to lodge by 31 October. Income tax return for new registrant large/medium business super funds To be lodged. Payment (if required) is also due on this date. Superannuation guarantee charge statement - quarterly for quarter 2 (1 Oct - 31 Dec) Employers that did not make the required super guarantee contributions for the October-December quarter must lodge the statement by this date. Income tax return lodgment and payment due date for self-preparing entities that did not have to lodge or pay at an earlier date.
15 March	Due date for the payment of an assessment of super contributions surcharge and termination payments surcharge issued on 15 February.
22 March	Due date for the lodgment of superannuation assessment variation advice, where applicable, for the variation of a surcharge assessment issued on 15 February.
31 March	Due date for the income tax return for companies and super funds with total income in excess of $2 million in latest year lodged (excluding large/medium business taxpayers, according to the lodgment program). Payment (if required) is also due on this date.
28 April	Super guarantee contributions for quarter 3 (1 Jan - 31 March) Employers are to make contributions to the super fund by this date.
30 April	Lost member statement Last date to report lost members information for the period 1 July - 31 December. Unclaimed super money statement Last date to report and pay unclaimed super money for the period 1 July - 31 December. Unclaimed super money statement for small or insoluble lost member accounts Last date to report and pay small or insoluble lost member accounts for the period 1 July - 31 December. Unclaimed super money statement for former temporary residents Due date for the lodgment of statements and the payment of former temporary residents' unclaimed super to us.
15 May	Income tax return or SMSF annual return Due date for all super funds' and tax agents' clients not allocated to other categories (refer to 31 October, 15 January, 28 February and 31 March). Due date for fund income tax returns not required earlier and not eligible for the 5 June lodgment concession date. Payment (if required) is also due on this date. Super contributions surcharge and termination payments surcharge assessments issued.
28 May	Super guarantee charge statement - quarterly for quarter 3 (1 Jan - 31 Mar) Employers that did not make the required super guarantee contributions for the January-March quarter must lodge the statement by this date
5 June	Income tax return for non-taxable or refund super funds as per latest year lodged as well as actual non-taxable or refund in current year Due for all super funds with a lodgment end date of 15 May, except large/medium business taxpayers (unless due earlier).
15 June	Due date for the payment of assessments of super contributions surcharge and termination payments surcharge issued on 15 May.
22 June	Due date for the lodgment of superannuation assessment variation advice, where applicable, for a variation of a surcharge assessment issued on 15 May.

APRA-regulated funds - home

How to report

You can complete and lodge most reports electronically through our electronic commerce interface (ECI).

Some reports - such as lost members statements and member contributions statements - can be prepared using our SuperReport software.

Generally if you are reporting for 100 or fewer members, you can lodge your report electronically or use paper forms.

Electronic lodgment

The best way to lodge your reports is electronically, using our ECI. If you are reporting for more than 100 lost members, you must lodge the information electronically.

The format of your electronic file must meet our current electronic reporting specification. Reports that use outdated versions of the specification may not be accepted.

Member contributions statements can also be lodged through a tax agent using the electronic lodgment service (ELS).

For more information, refer to:

electronic reporting specifications. You can access the specifications from the Software developers homepage
our ECI website at www.eci.ato.gov.au.

Paper lodgment

You can lodge paper reports if you are reporting for 100 or fewer members.

Copies of forms for paper lodgment are available under 'Forms and instructions' at APRA-regulated funds - home.

SuperReport

You can use SuperReport to prepare some of your reports. This free application produces a report that meets our electronic reporting specification. The information you record in SuperReport can be exported to an electronic data file and then lodged with us using the ECI.

You can use SuperReport to prepare your:

member contributions statements
lost members statements, including non-lodgment advices
payment variation advice statements
assessment variation advice statements
reasonable benefits limits.

	For more information, refer to SuperReport.
	APRA-regulated funds - home

Quality assurance

Superannuation trustees are legally obliged to submit statements to us about:

member contribution information
benefit payment information
member account status (such as lost, uncontactable or inactive, found and unclaimed super of members, including former temporary residents and small or insoluble lost members accounts).

Trustees also have a duty of care to members. Funds need to have procedures in place that ensure members' contributions are properly recorded, entitlements are protected and benefits are paid correctly.

Superannuation providers with efficient and effective administration and reporting processes use the following practices to ensure that their superannuation returns and reports are accurate and complete:

identify risks that jeopardise the accuracy and completeness of their administration and reporting processes, and develop a framework for managing risk
establish an internal quality assurance program, including a formally documented business structure, procedural framework and training for administrative and reporting processes
obtain and document advice from internal and external specialists to maintain policies and procedures that are current and reliable
process and report superannuation transactions accurately, completely and on time, using (for example) checklists and data reconciliations
manage changes in their business and operational environment that can affect their administration and reporting, such as legislative change and staff turnover
monitor and review their practices and environment as a catalyst for continued improvement of administration and reporting activities.

APRA-regulated funds - home

Penalties

The operation of penalties and offences for super funds in relation to reporting obligations are consistent with broader taxation administration.

Super funds may incur penalties for:

failing to lodge required statements with us by the due date
providing us with statements that are false or misleading or recklessly false and misleading
failing to pay unclaimed super by the due date
failing to make reasonable efforts to contact those who are entitled to unclaimed super
failing to keep records or keeping records incorrectly.

This section has information about penalties relating to:

APRA-regulated funds - home

False or misleading statements

A false or misleading statement is made when information that should be provided to us is omitted or information that is provided is contrary to fact, wrong or creates a false impression. A statement can be false and misleading even if it doesn't result in a shortfall amount.

From 4 June 2010, fund trustees who make false or misleading statements to us may be liable for penalties, even if the statement does not result in a shortfall amount. A statement must also be false or misleading in a 'material particular' for this penalty to apply.

Forms containing 'material particular' information include:

member contributions statement (MCS)
lost members statements (LMS)
departing Australia superannuation payment (DASP) reports.

Penalties apply to individual statements, not the form as a whole. A trustee that makes more than one false or misleading statement on a form may incur a penalty for each one.

We will not impose the penalty if the trustee took reasonable care in preparing the statement.

Statements covered by the changes:

can be written or verbal
must be material to tax or super law
include statements relating to reporting, lodgment, debt and registration.

For more information refer to:

Superannuation and false or misleading statements which do not result in a shortfall amount.
Miscellaneous Taxation Ruling MT 2008/1 Penalty relating to statements: meaning of reasonable care, recklessness and intentional disregard
Practice Statement PS LA 2012/4, which details how we will administer the false or misleading no-shortfall penalty.

APRA-regulated funds - home

Unclaimed super money statements

The Superannuation (Unclaimed Money and Lost Members) Act 1999 and the Taxation Administration Act 1953 provide for offences and administrative penalties. As a super provider, you may be found guilty of an offence or liable to an administrative penalty if:

you fail to give the ATO the statement by the due date:

administrative penalty: Base penalty amount ranging from one to five penalty units for each period of 28 days or part thereof that the statement is overdue, up to a maximum of five penalty units
penalty for offence: 20 to 50 penalty points ($2,200-$5,500) and/or possible imprisonment for up to 12 months

you give a statement to the ATO that is false or misleading in a material particular because of your failure to take reasonable care:

administrative penalty: 25% of the shortfall amount (or affected part of the shortfall amount), as the base penalty amount
penalty for offence: 20 to 40 penalty units ($2,200-$4,400)

you give a statement to the ATO that is recklessly false or misleading in a material particular:

administrative penalty: 50% of the shortfall amount (or affected part of the shortfall amount), as the base penalty amount
penalty for offence: 30 to 50 penalty units ($3,300-$5,500) and/or possible imprisonment for up to 12 months

you fail to pay unclaimed superannuation money owing to the ATO by the due date:

general interest charge: worked out daily on a compounding basis on amounts that are outstanding
penalty for offence: 100 penalty units ($11,000)

you fail to make reasonable efforts to contact the member or to ensure that either the non-member spouse or the beneficiaries of the deceased member receive the amount:

penalty for offence: maximum penalty 100 penalty units ($11,000)

you do not keep records that record and explain all the transactions and other acts engaged in, or required to be engaged in, by the provider, in English or so that the records are easily accessible and convertible into English. The records must be kept for a period as defined in the tax laws:

penalty for offence: maximum penalty 60 penalty units ($6,600)

you incorrectly keep accounts or records and they do not correctly record and explain the matters, transactions, acts or operations to which they relate, or as they are required under taxation law:

penalty for offence: 20 to 40 penalty units ($2,200-$4,400)

you incorrectly keep accounts or records and you are reckless in the making of, or recording and explaining of matters, transactions, acts or operations as to whether the accounts or records are correctly recorded and explained:

penalty for offence: 30 to 50 penalty units ($3,300-$5,500) and/or possible imprisonment for up to 12 months

you incorrectly keep accounts or records with intent to deceive, mislead, hinder or obstruct the Commissioner or an ATO officer:

penalty for offence: 50 to 100 penalty units ($5,500-$11,000) and/or possible imprisonment for up to 2 years.

APRA-regulated funds - home

Lost members statements

Penalties may apply if you:

don't lodge your LMS on time
provide an LMS that is false or misleading
fail to keep records correctly.

The Superannuation (Unclaimed Money and Lost Members) Act 1999 and the Taxation Administration Act 1953 (TAA 1953) provide for offences and administrative penalties. As a super provider, you may be found guilty of an offence or liable to an administrative penalty if:

you fail to give the ATO the statement by the due date:

administrative penalty: base penalty amount ranging from one to five penalty units for each period of 28 days or part thereof that the statement is overdue, up to a maximum of five penalty units
penalty for offence: 20 to 50 penalty points ($2,200-$5,500) and/or possible imprisonment for up to 12 months

you give a statement to the ATO that is false or misleading in a material particular:

penalty for offence: 20 to 40 penalty units ($2,200-$4,400)

you give a statement to the ATO that is recklessly false or misleading in a material particular:

penalty for offence: 30 to 50 penalty units ($3,300-$5,500) and/or possible imprisonment for up to 12 months

you do not keep records that record and explain all transactions and other acts engaged in, or required to be engaged in, by the provider, in English or so that the records are easily accessible and convertible into English. The records must be kept for a period as defined in the tax laws:

penalty for offence: maximum penalty 60 penalty units ($6,600)

you incorrectly keep accounts or records and they do not correctly record and explain the matters, transactions, acts or operations to which they relate, or as they are required under taxation law:

penalty for offence: 20 to 40 penalty units ($2,200-$4,400)

you incorrectly keep accounts or records and you are reckless in the making of, or recording and explaining of matters, transactions, acts or operations as to whether the accounts or records are correctly recorded and explained:

penalty for offence: 30 to 50 penalty units ($3,300-$5,500) and/or possible imprisonment for up to 12 months

you incorrectly keep accounts or records with intent to deceive, mislead, hinder or obstruct the Commissioner or an ATO officer:

penalty for offence: 50 to 100 penalty units ($5,500-$11,000) and/or possible imprisonment for up to 2 years.

APRA-regulated funds - home

Member contributions statements

Penalties may apply if you:

don't lodge the MCS on time
do not report for all your current contributing members
provide incorrect information.

The penalty for failure to lodge a statement on time is shown in section 286-80 of the Taxation Administration Act 1953. The amount of penalty depends on your fund's assessable income and how late the lodgment was.

APRA-regulated funds - home

Rollover benefits statements

We may apply administrative penalties if we audit your fund and find that an accurate Rollover benefits statement has not been provided on time to the receiving fund.

APRA-regulated funds - home

Release authorities

Currently, only 25% of individuals and their funds are meeting their excess contributions tax release authority obligations in full. That means that many individuals and funds will have a significant penalty imposed on them for their non-compliance.

Your release authority obligations for super funds are as follows:

you must pay the required amount within 30 days of receiving a valid release authority

- penalty for non-compliance: $2,200

you must report the payment to us in the approved form, and give a copy to your member, within 30 days of paying the amount

- penalty for non-compliance: up to $2,750.

APRA-regulated funds - home

Last Modified: Thursday, 4 October 2012

Our commitment to you

We are committed to providing you with accurate, consistent and clear information to help you understand your rights and entitlements and meet your obligations.

If you follow our information and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we will take that into account when determining what action, if any, we should take.

Some of the information on this website applies to a specific financial year. This is clearly marked. Make sure you have the information for the right year before making decisions based on that information.

If you feel that our information does not fully cover your circumstances, or you are unsure how it applies to you, contact us or seek professional advice.

Copyright

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products)

APRA-regulated funds

Overview

Reporting and administrative obligations

Lost members

Definition of a lost member

Lost members register

Your reporting and record-keeping obligations

How to lodge your report

What to include in your lost members statement

Rejected member records

Member contributions statement

Your reporting obligations

How to lodge your report

What to include in your report

Amendments

Unclaimed super

Types of unclaimed super

Your reporting and payment obligations

How to lodge your report

How to pay

Unclaimed super registers

Departing Australia super payment (DASP)

Applications

Payments and withholding

Reporting obligations

Payment variation advice

Fund ITR

First home saver account transfers

No tax file number (TFN) contributions

Obtaining member TFNs

Accepting and returning contributions

Additional income tax

Portability

Your obligations

Receiving a portability form

Viewing electronic portability forms

What your members must do

Transfers to SMSFs

Tailoring the form for your organisation

Rollover benefits

Reporting and lodgment dates

How to report

Quality assurance

Penalties

False or misleading statements

Unclaimed super money statements

Lost members statements

Member contributions statements

Rollover benefits statements

Release authorities

Our commitment to you

Copyright

Over view