[The Auditors Institute Ltd]

Hello Michael

Thanks for the question.

I can’t see that this fund with overdue tax returns, even where the ATO has informed the fund trustee in writing, have by this fact alone breached any of the reportable contraventions listed in tables 1A or 1B of the instructions on how to complete the fund audit.

https://www.ato.gov.au/forms-and-instructions/auditor-actuary-contravention-report-instructions/how-to-complete-the-report

As a courtesy, I would suggest reminding the trustee of their obligation to lodge outstanding tax returns in the management letter.

Happy to hear if other auditors agree or take a different view.

Best regards

The Auditors Institute