{"id":"F2018L00606","name":"Superannuation (Self Managed Superannuation Funds) Taxation Regulations 2018","slug":"superannuation-self-managed-superannuation-funds-taxation-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439627,"registerId":"F2018L00606-fast-fetch-1775955580754","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Self Managed Superannuation Funds) Taxation Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSuperannuation (Self Managed Superannuation Funds) Taxation Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 10 May 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nKelly O’Dwyer\n\nMinister for Revenue and Financial Services\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 When levy due for payment\n\nSchedule 1—Repeals\n\nSuperannuation (Self Managed Superannuation Funds) Taxation Regulations 1999\n\n \n\n1  Name\n\n  This instrument is the Superannuation (Self Managed Superannuation Funds) Taxation Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2018. 1 July 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Superannuation (Self Managed Superannuation Funds) Taxation Act 1987.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Superannuation (Self Managed Superannuation Funds) Taxation Act 1987.\n\nreturn lodgement day, for a superannuation entity for a year of income, means the day a return for the entity is given under section 35D of the Superannuation Industry (Supervision) Act 1993 for the year of income.\n\n6  When levy due for payment\n\n (1) This section is made for the purposes of subsection 15DB(1) of the Act for the levy payable for:\n\n (a) the 2018‑19 year of income or a later year of income; and\n\n (b) a superannuation entity.\n\n (2) The levy for the year of income is due and payable on the return lodgement day for the superannuation entity for the preceding year of income.\n\n (3) However, if the year of income is the one in which the election was made:\n\n (a) under subsection 19(4) of the Superannuation Industry (Supervision) Act 1993; and\n\n (b) for that Act to apply in relation to the superannuation entity (as a fund);\n\nthe levy for the year of income is due and payable on the return lodgement day for the superannuation entity for that year of income.\n\nSchedule 1—Repeals\n\n \n\nSuperannuation (Self Managed Superannuation Funds) Taxation Regulations 1999\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 1999 regulations with minimal changes. The scope remains limited to setting the due date for SMSF supervisory levies, which was always its purpose. The only substantive update is modernising the reference to return lodgement days."},"complexity_factors":["Very short instrument (only 6 substantive sections plus a repeal schedule)","Only 2 defined terms ('Act' and 'return lodgement day')","Single operational provision (section 6) with straightforward conditional logic","No cross-references beyond the parent Act and one other Act (SIS Act)","Simple binary exception in subsection 6(3) for first-year funds"],"plain_english_summary":"This instrument fixes when SMSF supervisory levies must be paid to the ATO, affecting self-managed super funds and their trustees. Normally the annual levy is payable on the day the fund's tax return was due for the previous year, creating a \"pay in advance\" rule, with a first-year exception where the levy is due when that first year's return is due.\n\nIt repeals the 1999 rules and ties return due dates to the Superannuation Industry (Supervision) Act."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument repeals the entire 1999 Regulations (Schedule 1) and replaces them with a concise instrument that mainly prescribes levy timing for 2018‑19 and later years, a small set of definitions (s5), commencement details (s2) and the authority (s3). In effect the scope has been narrowed to timing and related formalities rather than retaining the prior instrument’s full content; administrators and funds must now follow the new timing rules (s6) from 1 July 2018."},"complexity_factors":["Short instrument with few provisions (name, commencement, authority, definitions, levy timing, repeal).","Cross‑references to external Acts: Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 (see s3 and s6) and the Superannuation Industry (Supervision) Act 1993 (see s5 definition of return lodgement day, s6(3)(a)-(b)).","Single conditional timing rule: general rule (s6(2)) with one exception for the election year (s6(3)), creating a narrow conditionality to track.","Repeal of earlier regulations (Schedule 1) requires administrators to recognise the change in source law and any transition effects.","Limited definitions (s5) mean interpretative clarity is concentrated in few terms rather than spread across many clauses."],"plain_english_summary":"This regulation fixes when the annual levy for self‑managed superannuation funds (a superannuation entity) must be paid: generally on the fund’s ‘return lodgement day’ for the preceding income year, with a special rule for the year the fund elects to be treated under the Superannuation Industry (Supervision) Act. It also repeals the 1999 SMSF taxation regulations and defines key terms. This matters because it sets the payment date that funds must plan for and rely on for compliance and cashflow."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-self-managed-superannuation-funds-taxation-regulations-2018","history":"/api/acts/superannuation-self-managed-superannuation-funds-taxation-regulations-2018/history","analysis":"/api/acts/superannuation-self-managed-superannuation-funds-taxation-regulations-2018/analysis","conflicts":"/api/acts/superannuation-self-managed-superannuation-funds-taxation-regulations-2018/conflicts","importantCases":"/api/acts/superannuation-self-managed-superannuation-funds-taxation-regulations-2018/important-cases","documents":"/api/acts/superannuation-self-managed-superannuation-funds-taxation-regulations-2018/documents"}}