Penalty Units now $364 – previously $330

From 1 July 2026, ATO penalties for SMSF breaches have increased.

The dollar value of each penalty is now $364. Previously it was $330.

Being in control of a superannuation fund does not come without responsibilities or obligations and the ATO is now able to hit trustees where it hurts the most (their wallet!) if they forget this.

If a trustee breaches any of the sections in the table below, the ATO can impose a fine which is payable by all of the trustees (even by those who did not participate in the breach) out of their own pocket.

Provision	Relevant section	Number of penalty units	Dollar amount Based on 1 unit = $364	Previous penalty
Investment managers – non written appointments	s124(1)	5	$1,820	$1,650
Education direction – non compliance	s160(4)	5	$1,820	$1,650
Information to be given to Regulator on establishment of SMSF	s254(1)	5	$1,820	$1,650
Regulator survey form	s347A(5)	5	$1,820	$1,650
Accounts and statements - failure to prepare	s35B	10	$3,640	$3,300
Duty to keep minutes and records – failure to keep	s103	10	$3,640	$3,300
Duty to keep records of change of trustees	s104(1)	10	$3,640	$3,300
Recognition of obligations & responsibilities of SMSF Trustees/directors	s104A(2)	10	$3,640	$3,300
Duty of keeping reports – failure to keep	s105(1)	10	$3,640	$3,300
Prescribed operating standards – non-compliance	s34(1)	20	$7,280	$6,600
Change in status of entity – ceasing to be an SMSF	s106A(1)	20	$7,280	$6,600
Lending to members – breach	s65(1)	60	$21,840	$19,800
Borrowing, including LRBAs – contravention of standards	s67(1)	60	$21,840	$19,800
In-house asset rules – failure to take reasonable steps	s84(1)	60	$21,840	$19,800
Significant adverse events - failure to notify ATO	s106(1)	60	$21,840	$19,800

These are the maximum administrative penalties in relation to self managed superannuation funds.