SMSF Insights with Graeme Colley - A Q&A

Read the latest Q&A with Graeme Colley, a respected educator, policy advisor, and technical expert with over 30 years’ experience in taxation and superannuation.

Is the average of SMSF members/trustees increasing?

Based on the information compiled by the ATO from SMSF Annual Returns, there is a slight variation in the age of members/trustees at the time the SMSF is established. The latest statistics compiled from the 2019-20 to 2023-24 SMSF Annual Returns show that the median and average member age in the year an SMSF is established is between ages 46 and 47. However, the average and median age of all members is around age 62.

There appears to be a decrease in the proportion of individuals establishing SMSFs who are aged under 35 and between 55 and 59. There is an increase in the proportion of individuals establishing funds who are aged between 35 and 54.

Age ranges of SMSF members as at 30 June 2025

The following table, published by the ATO and based on data compiled by the
Australian Business Register, shows:

  • The approximate age distribution of SMSF members at 30 June 2025
  • The age distribution of members of SMSFs established in each income year from 2019-20 to 2023-24

The main points of the data are:

  • As at 30 June 2024, both the average age and the median age for all SMSF members were 62 years
  • The median age of SMSF members of newly established funds in 2023-24 was 46 years
Age distribution of all SMSF members at June 2024, and members by the establishment year of the SMSF

Age Distribution of All SMSF Members at June 2024, and Members by Establishment Year of the SMSF

Age Range All Members 2024-25 2023-24 2022-23 2021-22 2020-21 2019-20
< 25 0.6% 1.2% 1.4% 1.4% 1.4% 1.7%
25 – 34 2.7% 8.5% 8.2% 9.9% 9.9% 12.2%
35 – 44 12.2% 35.6% 33.4% 35.0% 34.1% 32.8%
45 – 49 9.5% 18.1% 17.6% 17.7% 18.5% 17.7%
50 – 54 11.9% 15.9% 16.6% 15.6% 15.6% 14.8%
55 – 59 12.3% 10.8% 11.8% 10.8% 11.2% 11.1%
60 – 64 12.6% 6.0% 6.5% 5.8% 5.8% 5.8%
65 – 69 11.5% 2.6% 2.9% 2.5% 2.3% 2.5%
70 – 74 10.0% 1.0% 1.2% 0.9% 0.8% 1.0%
75 – 84 13.7% 0.4% 0.5% 0.4% 0.3% 0.4%
85+ 3.0% <0.1% <0.1% <0.1% <0.1% <0.1%
Total 100% 100% 100% 100% 100% 100%
Average member age 62.0 47.0 47.4 46.5 46.6 46.2
Median member age 62.4 46.2 47.0 46.0 46.2 46.0

Source: ATO SMSF Annual Overview 2023-24 Self Managed Superannuation Funds
Updated 17/12/2025

Members of SMSFs as at the end of June 2025

The following table contains the age distribution of individuals who were members of SMSFs as at the end of June 2025 and is based on Australian Business Register (ABR) data.

Table 6: Members, by Gender and Age Range
Age ranges Male Female Total
< 25 0.6% 0.6% 0.6%
25–34 2.7% 2.8% 2.7%
35–44 11.8% 12.7% 12.2%
45–49 9.5% 9.5% 9.5%
50–54 11.7% 12.1% 11.9%
55–59 12.1% 12.5% 12.3%
60–64 12.5% 12.7% 12.6%
65–69 11.4% 11.6% 11.5%
70–74 10.0% 10.1% 10.0%
75–84 14.3% 13.0% 13.7%
85+ 3.5% 2.4% 3.0%
Total 100% 100% 100%
All ages 52.7% 47.3% 100%

Source: ATO SMSF Quarterly Statistical Report – September 2025
Self Managed Superannuation Funds – Updated 17/12/2025

If the fund owns real estate, is the auditor required to obtain a title search each year indicating its ownership and whether it is encumbered. Is there an alternative?

Both the ATO and the Administrative Review Tribunal consider it is necessary that a title search be undertaken each year to satisfy the requirements of the Superannuation Industry Supervision Act (SIS Act). The search is required to establish that the trustees have met the requirements of section 65 of the SIS Act and regulations 4.09A and 13.14 of the SIS regulations.

The reason for requiring the title search each year are:

Section 65: loans or financial assistance to members

To check whether the fund has met the requirements of section 65, the auditor
must be satisfied that the fund has not lent money or provided financial
assistance to members and relatives. This requires the auditor to:

  • Examine bank statements and obtain explanations from trustees about any
    unusual transactions, including transfers of money to members or relatives
  • Check details of all loans by the fund, including the parties to the loan,
    loan term, interest and repayments
  • Check any transactions with related parties to determine whether members
    or relatives have received financial assistance
  • Review the ownership of fund assets to ensure the investment is owned by
    the fund and that no charge or other form of security has been taken over
    any of the SMSF’s assets to secure a member’s or relative’s personal borrowing

Whether the fund’s assets have been used to secure borrowing can only be
determined by a title search or other independent verification.

Regulation 4.09A: separation of assets

To determine whether the fund’s money and assets are held separately from money and assets held personally by the trustees or a standard employer-sponsor the auditor should:

  • sight asset ownership documents, including bank statements, to verify SMSF assets are held in the name of trustees on behalf of the fund (for example, R & J Smith as trustees for the Smith SMSF or R Smith Pty Ltd as trustee for the Smith SMSF)
  • scheck for alternative documentation that protects the fund’s assets (for example, a valid declaration of trust or title documents) where State law prevents ownership in the name of the SMSF
  • sreview transactions on bank statements to ensure fund money is not mixed with money belonging to related parties of the SMSF.
Regulation 13.14: charges over assets

The auditor needs to check that the fund has complied with regulation 13.14 to confirm that the trustees have not given a charge over or in relation to a fund asset by obtaining:

  • written representations from the trustees
  • annual property title searches for real properties
  • searches of the Personal Property Securities Register External Link for interests registered by other parties against SMSF assets.

Where there has been a change in trustees, the auditor should obtain evidence that the ownership of asset documents reflect the change.

An update on Court and Tribunal Decisions

Reviews by regulators and the courts in recent years show that proper documentation is essential. One case is the Administrative Review Tribunal decision in Murphy v ASIC [2025] ARTA 75 (6 February 2025).

In the case, the ATO reviewed the audit files of Mr Murphy which were referred to ASIC because of various auditing and independence breaches. One of the fund’s audited showed

● no evidence of the ownership of a property in Victoria as no title search was undertaken for for the relevant year(s),

● failed to determine whether a borrowing complied with s67 of the SIS Act – trustees were concerned about compliance, and

● deficiencies in the audit engagement letter issued by Mr Murphy for the audit which resulted in the trustees being concerned about compliance.

The Tribunal confirmed the ASIC decision to disqualify Mr Murphy’s registration as an SMSF auditor.

Given the rules surrounding non-arm’s length income (NALI) , if someone processes their own SMSF by using the firm’s software which is not material to the firm, what are the consequences?

The answer to this question can be found in the finalised version of Law Companion Ruling LCR 2021/2 which was published in September 2025. The ruling clarifies how the non-arm’s length provisions of the tax law work for non-arm’s length expenditure incurred by an SMSF.

Example 2 at paragraphs 24 to 26 of the ruling is about Mikasa who is a trustee of her SMSF and a partner in an accounting firm. She engages her firm to provide accounting services for the SMSF which include administration services for the fund. The firm does not charge for the services it provides and as a result they are considered to be non-arm’s length dealings between the firm and the fund trustee. In view of this the ATO’s opinion is that a penalty applies to the non-arm’s length income for purposes of section 295-550 of the SIS Act. The penalty is equal to twice the difference between the amount of the expense that might have been incurred has the parties been dealing at arm’s length and the amount of the expense incurred by the fund.

There is an exception to this in Paragraph 51 of the ruling where a staff discount policy applies and the fund is entitled to a discount which is provided to all employees, partners, shareholders or office holders and it is consistent with normal commercial practices.

With an increase in the number of SMSF auditors being disqualified, what should I do? How can technology help me?

This question is not easy to answer as we do not know about your situation. However, provided you are meeting the ATO’s compliance audit requirements and the professional audit standards then you should not have any issues to be concerned with. You may like to contact your professional association to see whether they have a review service which can let you know whether you meet the relevant audit requirements.

It’s important to look at your overall audit process and where you can create more efficiencies and avoid any compliance issues. There are many platforms that allow you to streamline this process. SMSF Auditomation, by Cloudoffis allows you to streamline your process and ensure you are audit ready.

If you’d like to speak to one of the Cloudoffis experts, you can reach out here.

Understanding Division 296 from what we know by Graeme Colley

Introduction:

Graeme Colley, who is a well-known expert in SMSFs and the Cloudoffis Independent Consultant, has provided an update on the latest developments for Div 296.

Understanding Division 296 from what we know

The reworked Division 296 legislation, Treasury Laws Amendment (Building a Stronger and Fairer Super System) Bill 2026, finally made it to parliament in February this year after going through many changes since it was announced in the 2023-24 Federal Budget. The main changes in the bill are a move away from taxing unrealised capital gains and the indexation of the thresholds. There are a number of other important changes that have taken place and should be understood if the legislation finally makes it into law.

The current bill continues to reduce superannuation tax breaks for anyone with a total super balance of more than $3 million and places an additional impost on those with balances of more than $10 million. An individual’s realised fund earnings from 1 July 2026 is taxed if their total super balance for Division 296 purposes is above the relevant threshold.

The main features of the bill are:

  • The legislation is proposed to commence on 1 July 2026 rather than 1 July 2025 as originally proposed.
  • For anyone with a superannuation balance of $3 million or more the tax will be a maximum of 15% of the realised income for the relevant financial year. If a person has a superannuation balance of $10 million or more there is an additional impost of 10% on the realised income.
  • The realised income is based on income tax principles rather than the concept in the original proposal which taxed the difference between the individual’s opening and closing superannuation balances for the year. It is calculated at the fund level and an amount is attributed to the relevant member. For an SMSF it is expected an actuary will make the calculation.
  • Trustees of SMSFs will have the option of resetting the cost base of the fund’s investments as at 30 June 2026 to recognise the level of accrued value in the investment to that time. The option is only available on all of the fund’s investments and applies only for purposes of Div 296.
  • The calculation of Div 296 tax consists of three stages:

    • Stage 1 – Percentage formula (s 296-40(2))
    • Stage 2 – Div 296 fund earnings (s 296-45(2))
    • Stage 3 – Taxable superannuation earnings (s 296-40(1))
  • Division 296 tax is levied on the individual who has the option of paying the tax from their own resources or having the superannuation fund pay the liability.

Stage 1 – the percentage formula

The percentage formula determines the proportion of a person’s balance that is above each of the thresholds. There is one formula for calculating the proportion above $3 million and another which calculates the proportion of a person’s balance above $10 million.

The formula that applies where the person’s total superannuation balance is at least $3 million is:

Where:

The total superannuation balance reference amount is the greater of a person’s total superannuation balance (if any):

• just before the start of the year; and

• at the end of the year.

The large superannuation balance threshold is $3 million (or indexed threshold) for the year.

Note: for the 2026-27 financial year (the first year of operation) the year end figure will be used in the calculation.

The examples of Judi and Brad illustrate how Division 296 tax will be calculated for someone who has a total superannuation balance of greater than $3 million in the case of Judi and in the case of Brad, $10 million.

Example

Judi has a Total Superannuation Balance (TSB) of $4 million on 30 June 2027 and a TSB of $3.5 million on 30 June 2026. Her total superannuation fund earnings for the year is $100,000 which means she will have a tax liability for Division 296 purposes.

As Judi’s TSB on 30 June 2027 is $4 million it will be used to calculate the percentage of her TSB that is over and above her large superannuation balance.

The proportion of Judi’s TSB above the $3 million threshold is 25% which is calculated as:

Total Superannuation Balance above $10 million

The second formula which is used to calculate the additional tax impost on TSBs above $10 million is:

Where:
The total superannuation balance reference amount is the greater of a person’s total superannuation balance (if any):

• just before the start of the year; and

• at the end of the year.

The very large superannuation balance threshold is $10 million (or indexed threshold) for the year.

Note: for the 2026-27 financial year (the first year of operation) the year end figure will be used in the calculation.

Example

Brad has a TSB of $12 million as at 30 June 2027 and a TSB of $10.5 million on 30 June 2026. His total superannuation fund earnings for the year is $1,000,000 which means he will have a tax liability for Division 296 purposes. As Brad’s TSB is greater than the very large superannuation balance of $10 million he will be required to pay additional tax.

The proportion of Brad’s TSB above the $3 million threshold is 75% which is calculated as:

The proportion of Brad’s TSB which is above the $10 million threshold is 16.67% which is calculated as:

Stage 2 – Div 296 Fund earnings

Stage 2 determines the fund earnings for Division 296 purposes which is calculated at the fund level not the member level. Once the fund earnings has been determined a further calculation is made to work out the amount of fund earnings that applies to the member. At this stage (as at 19 February 2026) the method used to calculate the member amount is not available as it will be included in the regulations if the bill becomes law.

The formula to determine the fund earnings is:

Where:

Relevant taxable income or loss is the fund’s taxable income for the year,

Assessable contributions are the taxable contributions included in the fund’s income for the year,

Net exempt current pension income is the fund’s exempt income less the total deductions if the exempt income was assessable income.

The entity’s non-arm’s length component for the year (if any) is the amount of income that is taxed as NALI by the fund.

Pooled superannuation trust component applies if the fund has an investment in such a trust.

Example – Judi

Using the example of Judi above the fund’s taxable income is $350,000, assessable contributions claimed by the fund are $60,000 and the fund’s net current pension income less expenses is $310,000. The fund does not have any non-arm’s length component or investments in a pooled superannuation trust. Therefore the fund earnings for Division 296 purposes is $600,000. It is determined by an actuary (as proposed) that the proportion of the Div 296 fund earnings attributable to Judi is $100,000.

Example – Brad

The Div 296 fund earnings attributable to Brad has been calculated as $1,000,000.

Stage 3 – Taxable superannuation earnings

Taxable superannuation earnings is calculated as:

The percentage amount ×the Div 296 fund earnings

which involves multiplying the percentage amount from Stage 1 by the Div 296 fund earnings calculated in Stage 2.

Example – Judi

Judi’s taxable superannuation earnings is calculated as:

25% ×$100,000=$25,000

The amount of tax payable on Judi’s large superannuation balance is:

$25,000 ×15%=$3,750

Example – Brad

Tax on Brad’s large superannuation earnings

Brad’s taxable superannuation earnings is calculated as:

$1,000,000 ×75%=$750,000

The amount of tax payable on Brad’s large superannuation earnings is:

$750,000 ×15%=$112,500

Tax on Brad’s very large superannuation balance earnings

Brad’s very large superannuation earnings is calculated as:

The percentage amount ×the Div 296 fund earnings

The percentage amount on Brad’s very large superannuation earnings is 16.67% and Brad’s superannuation earnings is $750,000. Therefore the amount of tax payable on Brad’s very large superannuation balance is:

16.67% ×$750,000=$125,025

The amount of tax payable on Brad’s very large superannuation earnings is:

$125,025 ×10%=$12,502.50

The total Div 296 tax payable by Brad will be:

$112,500+12,502.50=$125,002.50

The Treasury Laws Amendment (Building a Stronger and Fairer Super System) Bill 2026 is yet to be debated in both houses of the parliament which may result in a number of changes if the legislation is passed and becomes law. Also, as the regulations will not be made until the legislation is passed there are some aspects which are not known at this stage as indicated above. Therefore the examples above are based on the bill and indicative of how Division 296 will operate.

Want to know more?

Graeme recently hosted a webinar on this topic which you can watch here.

We will also be hosting more webinars and events with Graeme in the coming months.