ATO logo

Advice under development – superannuation issues

Advice and guidance we are developing on superannuation issues.

Last updated 10 October 2025

[4200] Administration of penalties that apply where employers or superannuation funds fail to comply with event-based reporting obligations

Title

Draft Law Administration Practice Statement

Administration of penalties that apply to employers who fail to comply with their Single Touch Payroll (STP) reporting obligations

Purpose

Event-based reporting regimes were introduced in 2018 for employers (STP) and for superannuation funds (member account transactions and attributes). The information reported through these reporting regimes has a range of applications across the tax and super systems, and their effectiveness can be reduced as a result of:

  • incorrect and incomplete reporting
  • reporting in an incorrect format (such as reporting in the original STP format rather than the STP Phase 2 format used since 2022)
  • failure to report at all.

There is a need to provide guidance for ATO staff on the administration of penalties that may apply to employers or superannuation funds that fail to meet their reporting obligations.

Expected completion

October 2025

Contact

PAGSPR@ato.gov.au

Title

Draft Law Administration Practice Statement

Administration of the false and misleading statement penalties on superannuation funds that do not report superannuation contribution information to the Commissioner accurately

Purpose

Event-based reporting regimes were introduced in 2018 for employers (STP) and for superannuation funds (member account transactions and attributes). The information reported through these reporting regimes has a range of applications across the tax and super systems, and their effectiveness can be reduced as a result of:

  • incorrect and incomplete reporting
  • reporting in an incorrect format (such as reporting in the original STP format rather than the STP Phase 2 format used since 2022)
  • failure to report at all.

There is a need to provide guidance for ATO staff on the administration of penalties that may apply to employers or superannuation funds that fail to meet their reporting obligations.

Expected completion

October 2025

Contact

PAGSPR@ato.gov.au

[4203] Issuing education directions to trustees of self-managed super funds [new]

Title

Final Law Administration Practice Statement

Self-managed superannuation funds – education directions for contraventions of the Superannuation Industry (Supervision) Act 1993

Purpose

This Practice Statement provides guidance to ATO staff about whether to give a trustee or a director of a body corporate that is a trustee of a self-managed super fund an education direction under section 160 of the Superannuation Industry (Supervision) Act 1993.

Expected completion

To be advised

Comments

Draft Law Administration Practice Statement PS LA 2025/D2 Self-managed superannuation funds – education directions for contraventions of the Superannuation Industry (Supervision) Act 1993 published on 2 October 2025. Comments period closes on 2 November 2025.

Contact

PAGSPR@ato.gov.au

[4253] Payday super – ATO compliance approach for the first year [new]

Title

Final Practical Compliance Guideline

Payday super – first year ATO compliance approach

Purpose

Draft Practical Compliance Guideline PCG 2025/D5 Payday Super first year ATO compliance approach was prepared following the introduction of the Treasury Laws Amendment (Payday Superannuation) Bill 2025 (payday super law).

It sets out the ATO’s proposed compliance approach for the first year of the payday super law (if enacted as introduced) in respect of investigating a superannuation guarantee shortfall for a qualifying earnings day that occurs from 1 July 2026 to 30 June 2027 inclusive.

Expected completion

To be advised

Comments

PCG 2025/D5 published on 9 October 2025. Comments period closes on 7 November 2025.

Contact

Scott Sargent, Superannuation and Employer Obligations

Phone: (07) 3213 3823

PAGSPR@ato.gov.au

QC50320