How do you wind up an SMSF part way through a financial year? On its face, this is practically a difficult question.
It is difficult because, in order to wind up an SMSF, the trustee must lodge with the ATO the SMSF’s final return. However, the ATO has not released the current financial year annual return yet. Indeed, the ATO probably will not release the current financial year annual return until very late May 2027.
The ATO used to provide guidance on their website. More specifically, the ATO used to state on ATO webpage quick code reference QC 49080 (https://www.ato.gov.au/Super/Self-managed-super-funds/In-detail/SMSF-resources/Past-webinars-for-professionals/Registrations,-lodgment-and-wind-ups—March-2015/):
How do you lodge a final return on wind up part way through the year?
If an SMSF winds up mid-year, and the SMSF annual return for that year is not available, you can lodge a final return using the previous financial year’s return. You will only be able to lodge a paper return, and you will need to change the year on the paper return to the SMSF’s final year.
Firstly, we applaud the ATO for this very practical and sensible position.
However, we note that these comments were only on the ATO website from about 2015 to about 2020. These comments no longer appear on the ATO website.
Naturally, this begs the question: is it still appropriate to follow the (now removed) ATO guidance?
We believe that the answer is yes, it is still appropriate to follow the (now removed) ATO guidance.
We understand that the SMSF Association has liaised with the ATO. The ATO have confirmed that the material was initially removed from the web with the intention to include in their suite of education products, although it’s not clear in those products either. That said, the ATO have confirmed that the administrative approach does remain available and that they will look to add the content back to the wind-up page of the website shortly.
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This article is for general information only and should not be relied upon without first seeking advice from an appropriately qualified professional. The above does not constitute financial product advice. Financial product advice can only be obtained from a licenced financial adviser under the Corporations Act 2001 (Cth).
Note: DBA Lawyers presents monthly online SMSF training. For more details or to register, visit www.dbanetwork.com.au or call 03 9092 9400.
For more information regarding how DBA Lawyers can assist in your SMSF practice, visit www.dbalawyers.com.au.
By Bryce Figot, Special Counsel, ([email protected]) and Daniel Butler, Director ([email protected]), DBA Lawyers.
DBA LAWYERS
6 October 2026
