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ATO, Compliance

Trustee disqualifications decline

The number of trustees disqualified by the ATO has continued to fall during the year, following a trend seen during 2024.

The number of trustees disqualified by the ATO has continued to fall during the year, following a trend seen during 2024.

The number of trustees disqualified by the ATO has fallen in the second half of this year and is also lower than the same period last year, according to new data released by the regulator.

The most recent update to the Disqualified Trustees Register, which came out at the end of November, indicates 128 individuals were disqualified for the quarter ending 30 September 2025, while a further 73 people were disqualified from 1 October to 5 December based on notices published on the Federal Register of Legislation, for a total of 201 disqualifications.

Of that number, it appears at least 50 people were banned alongside their spouse, with 25 couples appearing in the register based on residential details and banning dates.

The Disqualified Trustees Register indicates that figure is lower than the first half of this year, in which 246 trustees were disqualified, and a further decrease on the second half of 2024 when the tax commissioner disqualified 271 trustees, and a further 285 trustees in the first half of last year.

Commenting on the numbers, the SMSF Association stated to its members: “While the current year-to-date figures indicate the number of disqualifications has eased slightly when compared to last year, disqualification remains a compliance lever the ATO continues to use with confidence.”

Since the ATO began registering the disqualification of trustees in October 2012, more than 5730 individuals have been barred by the commissioner for non-compliance with superannuation laws or being deemed unsuitable to act as trustees.

Earlier this year, the ATO stated there were a number of reasons why it could disqualify a trustee, including being convicted of a dishonesty offence in Australia or overseas, as well as outstanding civil penalty orders, such as an order to pay a fine or serve jail time, as would being currently bankrupt or insolvent under administration.

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