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  • Making a voluntary disclosure

    You need to make a voluntary disclosure if at the end of the financial year, you realise that your private ancillary fund is not compliant with the guidelines.

    You can make a voluntary disclosure using the Business Portal in online services or by writing us a letter. To use the Business Portal you will need to register for an AUSkey.

    Your tax agent can make a voluntary disclosure on your behalf online. They will need to ensure that their registered agent number is recorded against the fund's records.

    Include the following information:

    • the fund's name
    • the fund's tax file number (TFN)
    • the fund's ABN
    • your name as an authorised person
    • your phone number and address
    • tax agent's phone number and address (if represented)
    • the relevant accounting period(s)
    • an explanation of the disclosure to be made
    • a description of the amount(s) affected
    • a signed and dated declaration.

    You are not required by law to provide the fund's TFN or ABN, but providing it will speed up the processing of your voluntary disclosure letter.

    Include the following signed and dated declaration on your written voluntary disclosure:

    • I declare that the information I have given in the document (including any attachments) is true and correct and that I am authorised to disclose this information.

    Voluntary disclosures made in writing may be lodged with the Commissioner:

    • at an ATO site
    • by handing it to a tax officer conducting a review or audit on your entity
    • by posting it to
      • Australian Taxation Office
        PO Box 3004
        PENRITH  NSW  2740

    If we have informed you that we are going to conduct a review or audit you can't use the above methods to correct any errors. You will need to disclose any errors to the tax officer conducting the review or audit.

    A voluntary disclosure will affect the information return. The information return should reflect all distributions made during the financial year including those made to organisations that are not endorsed DGRs.

    If the private AF retrieves the distribution from the organisation or the trustee reimburses the private AF there should be a negative distribution recorded at the time the funds are returned.

      Last modified: 30 Oct 2019QC 24109