Terms we use
When we use the term:
- provider in this protocol, we mean the particular super fund, approved deposit fund (ADF) or retirement savings account (RSA) provider
- member in this protocol, we mean a member of a super fund, a depositor in an ADF or the holder of a RSA
- employer in this protocol, we mean the person or organisation responsible for the members salary or wages relating to super contributions that were made.
What the protocol does
This protocol:
- provides administrative guidance only and does not replace the law or technical reporting specifications
- includes an explanation of key terms contained in the law
- gives guidelines on practical administration and our perspective of industry best practice
- aims to encourage consistent practices and application of the super reporting obligations across the super industry (other than self-managed super funds)
- helps you so that when you act on the guidance provided and take into account your member's individual circumstances, you can decide whether your action is appropriate.
In scope
This protocol is designed to be used by superannuation providers and their administrators to support obligations for:
- reporting through the member account attribute service (MAAS)
- reporting through the member account transaction service (MATS)
- unclaimed super money (USM) reporting
- transfer balance account reporting (TBAR).
The guidance provided within this protocol does not have the force of law and is not binding. It is not a change-controlled protocol and does not undergo the same rigour and control as published specification material available through business implementation guides and the Data and payment standards rollover message implementation guide.
Out of scope
Providers' tax and superannuation obligations
Tax and superannuation laws impose obligations to regulate and administer providers in particular ways. You do not have discretion to act in a way that is contrary to a legislative requirement or reporting obligation, even if this would be in the interests of your members.
Do not allow directions given or requests made by members, employers and other parties prevent you from complying with the law. You should make sure that your members and their employers are aware of your fund’s policy in this regard before any issues arise.
As part of good corporate governance, the accounting and control systems you have in place should be designed to:
- ensure you are complying with your legal obligation to report member information in the approved form under Division 390 of the TAA
- meet your obligations under the relevant superannuation laws
- meet your income tax obligations.
The collection and treatment of good data at its source is essential for correct and timely reporting.
Deferrals
Exceptional and unforeseen circumstances may impact your ability to lodge or pay by a due date and requesting a deferral may help. Generally, a deferral should be granted on or before the lodgment due date.
The exceptional or unforeseen circumstances must be consistent with those outlined in PS LA 2011/15 Lodgment obligations, due dates and deferrals.
See also Requesting a deferral of your member reporting obligations.
Voluntary disclosures
If you find that you have not met your obligation to report or amend material omissions or errors, you can make a voluntary disclosure to bring that to our attention. We will work with you to assist minimising potential impacts to members where it is possible and appropriate to do so. All voluntary disclosures will be considered on a case by case basis in the context of your previous compliance history and level of engagement with us.
See also Penalties and interest arising from voluntary corrections.
Penalties for incorrect reporting
If you identify a reporting or payment error, or you have difficulty meeting your obligations, contact us as soon as possible for help.
The TAA prescribes a penalty regime for non-compliance, and this applies to superannuation approved-form reporting.
An administrative penalty may apply if you:
- fail to lodge required information on time, in the approved form
- provide a statement that is false or misleading
- don't provide information for all your members or former members who held an interest in the fund at any time during the year
- fail to keep adequate and correct records.
For example, an electronic file that reports information for many members but omits reporting the information for a single member is a failure to lodge for that member and may attract a penalty.
Penalties will not apply for providing a false or misleading statement when you can demonstrate you took reasonable care.
See also
- Tax Administration Act 1953 - Section 286-80 Amount of Penalty
- PS LA 2012/5 Administration of penalties for making false or misleading statements that do not result in shortfall amount
- Penalties – false or misleading statement.
Member account reporting legislation
The protocol has been developed to help superannuation providers and suppliers lodge accurate and complete member account information with us.
Legislative context
The provisions that outline superannuation member account reporting and tax file number (TFN) validation obligations are in:
- Division 390 of Schedule 1 to the Taxation Administration Act 1953 (TAA)
- Superannuation Industry (Supervision) Act 1993External Link (SISA)
- Retirement Savings Account Act 1997External Link (RSAA)
- associated regulations within the
Subsection 390–5(1) of Schedule 1 to the TAA states a superannuation provider in relation to a superannuation plan must give the Commissioner of Taxation (the Commissioner) a statement in relation to an individual. This is if the individual held a superannuation interest in the plan at any time during the period specified in a determination under subsection (6).
Holding a superannuation interest
You will need to decide who holds a superannuation interest and ensure that reporting correctly deals with multiple superannuation interests.
A superannuation interest is an interest in any of:
- a super fund
- an approved deposit fund
- a retirement savings account (RSA).
An interest refers to a distinct claim of any kind against a super fund or RSA provider, whether it be proprietary in character or not.
Cash held in an account for the benefit of a member or investments held on their behalf clearly indicate a superannuation interest. As a general rule, a superannuation provider's capital is most commonly increased by receiving a contribution for a member.
Less easily quantifiable entitlements for example are life or disability insurance policies held in the name of the individual or entitlement to defined benefits.
Holding a superannuation interest includes but is not limited to:
- non-member spouse accounts
- new member registration or first contribution in relation to the superannuation data and payment regulations and standards
- having no account with the super fund but have some other interest such as an insurance interest, a defined benefit interest or an annuity.
Reporting under section 390-5 of Schedule 1 to the TAA
Legislative Instrument ID F2018L00467, effective from 1 April 2018, requires every superannuation provider (excluding self-managed super funds (SMSFs)) in relation to a superannuation plan to report all member account phases and attributes. This includes new accounts, updates and closures in relation to a member's account using the member account attribute service (MAAS). This replaces Legislative Instrument ID F2017L00142, which required mandatory reporting using SuperTICK.
See also
- Legislative Instrument ID F2018L00467External Link
- Legislative Instrument ID F2017L00142External Link
The MAAS form is to be submitted no later than 5 business days after the day a member account is opened, updated or closed or such later date as the Commissioner may allow.
When you have transmitted the MAAS form within the timeframe specified above and we have responded with a technical receipt, you have given the statement to the Commissioner and discharged your obligation to lodge that form.
Once you have started using the MAAS, you will continue to use the MAAS for reporting new or updated or closed member accounts.
Minimum message requirements for TFN validations
The Commissioner may give you a TFN validation notice under section 299TD of the SISA or section 143D of the RSAA if you give the Commissioner information you believe to be either the:
- full name, TFN and date of birth of a person
- full name, TFN and date of birth and address of a person.
Although our systems may accept a message with a reduced data set, section 299TD of the SISA or section 143D of the RSAA provides the legal requirements to receive a TFN validation notice from the Commissioner.
You can use the MAAS or SuperTICK for TFN validation as the legal requirements of the message are the same in both services. Regardless of the service used, for the purposes of TFN validation, the trustee must make the request no later than 3 business days after receiving the information.
When you receive a technical receipt through the MAAS or a GEN.OK response through SuperTICK you have discharged your obligation to call the service.