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How long will it take for my SMSF to be registered?

In most cases, when an application is lodged to register an SMSF with the ATO, the ABN will be issued instantly. The status of the SMSF will be “Election to be regulated is being processed”.

The ATO performs checks to approve the ABN registration for your SMSF. Assuming there are no items which require a manual review by the ATO, within 2-5 days the SMSF application should be approved and the Status on Super Fund Look Up will be updated to “Registered”.

In some cases, the ATO will flag an SMSF application for further review. This could be for a variety of reasons. When this happens, the ATO has 28 days (20 business days) to complete their review before you or your agent can contact them. The ATO will not accept enquiries on the status of the application during this time. After the 28 days the ATO can be contacted and they will either resolve any issues to finalise the application or will extend their review.

The time it takes the ATO to both issue the ABN (when it is not issued instantly) or to approve the registration of the SMSF is completely beyond the control of Stake Super and our nominated tax agent.

The ATO has additional information on ABN registration delays on their website: Registration application delays

How can I check the status of my SMSF on Super Fund Lookup?

You can view the status of your SMSF via Super Fund Lookup here by entering the name of your SMSF or ABN: https://superfundlookup.gov.au

What does ‘Election to be regulated is being processed’ mean?

When your SMSF is first issued its ABN, by default the status will be ‘Election to be regulated is being processed’.
This means although the ATO has issued an ABN and TFN for the SMSF, they’ve not approved the application. This approval, assuming that no issues are flagged with your application, normally takes 2-5 days however can extend to up to two months where the ATO needs to undertake further investigations.
The ATO will not provide information on an SMSF application until 28 days has passed (20 business days).
The impact of your SMSF registration having this status is that you cannot instruct your employer to pay contributions to your fund and you also cannot request a transfer of your existing superannuation to your SMSF.
In addition most banks and institutions will not open or activate an account for your SMSF until the status is updated to ‘Registered’ or 'Complying'.

The ATO has contacted me about my SMSF registration - what do I do?

This happens a small percentage of the time and is not uncommon.
Sometimes the ATO will want to undertake a phone interview with you to help them assess your SMSF application. If this occurs with your application please contact us and arrange to speak to one of our SMSF specialists to assist with any questions you may have.
We also suggest you familiarise yourself with the SMSF content on the ATO website and also look at the free learning information on the SMSF Association website: SMSF Connect

My SMSF registration has not been processed after 28 days what should I do?

Although we regularly monitor the ABN status of new SMSFs we’ve registered, we generally do not follow up until after 28 days.
If the 28 day period has passed, and the ABN either has not been issued or the status is still ‘Election to be regulated is being processed’ please contact us and we will follow up with the ATO on your behalf.
Sometimes delays simply occur due to volume and the ATO often re-allocates their team members to different areas within the ATO which can cause delays.

Items that could delay your SMSF registration being approved

The ATO has provided detailed information on their website here in regards to things that could delay the registration of your SMSF: Registration application delays
Common reasons for delays could be:
- Your SMSF has not completed the required prerequisites to be registered (Not applicable with Stake SMSF as we take care of these items during the SMSF set up process)
- The identities of the members and trustees of the SMSF cannot be confirmed (this can happen if there is a mismatch of names / TFNs / dates of birth / addresses)

TIP: Check via MyGov > ATO to ensure all your details with the ATO are up to date including names (e.g. if name changed), addresses etc.

- The ATO believes one of the trustees are not able to run an SMSF within the rules this involves items such as:
- History of insolvency or bankruptcy;
- Criminal records relating to fraud or dishonesty;
- You are already a member of an SMSF and/or there is a history of compliance issues with this other SMSF you’ve been associated with;
- You have a had previous late personal or business tax lodgements and payments (including for any business you are associated with);
- Your superannuation balance and income level including whether you’ve recently been made redundant or currently not receiving business or employment income;
- The ATO has information about identities that have been used fraudulently;
- Your name is listed on the ATO disqualified trustees register.

The ATO often will not release specific information in most cases on why your SMSF application is being delayed and will not accept any enquiries within the first 28 days after lodging your ABN application.

The ATO has declined my SMSF application - what do I do?

In the unlikely case of this occurring, the ATO will issue you with further information on why your application was declined and what options you have.
In some instances you will be able to address the reasons and re-apply in the future. In other cases you may be prohibited from from re-applying to register an ABN.

What does it mean to be a disqualified trustee?

You cannot be a trustee of an SMSF if you are a disqualified person. A disqualified person includes:
- persons who have at any time been convicted of an offence in respect of dishonest conduct
- persons against whom a civil penalty order was made; or
- a person who is an insolvent under administration (for example, an undischarged bankrupt).

It is an offence to act as a trustee whilst a disqualified person.

The ATO website provides more information about the eligibility of members to be trustees here.