Do superannuation trustees need to maintain SMSF compliance with the sole purpose test (s 62)?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: No
No. On the facts that define superannuation trustees, this obligation does not apply. The engine's reason: Requires an SMSF.
The obligation in brief
Maintain SMSF compliance with the sole purpose test (s 62). Section 62 of the SIS Act requires SMSFs to be maintained solely for one or more core or ancillary purposes — primarily provision of retirement benefits. g.
Trigger: Operating an SMSF.
Why superannuation trustees get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Maintain SMSF compliance with the sole purpose test (s 62)" is it depends on structure or size. Superannuation trustees is one of the 1 where the answer is different: no.
The deciding fact for superannuation trustees: Requires an SMSF.
About the industry: Trustees of APRA-regulated super funds.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires an SMSF).
Answer by business structure and size
Each cell is the engine's outcome for a business in superannuation trustees with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | No | No | No | No | No | No |
| Partnership | No | No | No | No | No | No |
| Trust | No | No | No | No | No | No |
| Pty Ltd company | No | No | No | No | No | No |
| Public company | No | No | No | No | No | No |
| Not-for-profit (unregistered) | No | No | No | No | No | No |
| Registered charity | No | No | No | No | No | No |
| Super fund | No | No | No | No | No | No |
| Foreign company | No | No | No | No | No | No |
What the obligation requires
- When due
- Continuous.
- Evidence to keep
- Investment strategy, valuation evidence, related-party transaction documentation, collectibles compliance for in-house assets.
- Maximum penalty
- Loss of complying status; non-arm's length income taxed at 47%; trustee admin penalties; potential disqualification
- Regulator
- ATO
- Jurisdiction
- Commonwealth (national)
Other obligations where superannuation trustees differ from the norm
- Annual YFYS performance test (MySuper + Choice): Yes
- Comply with SIS Act trustee covenants: Yes
- Lodge an annual SMSF audit before lodging the SMSF Annual Return: No
- Stronger Member Outcomes — APRA SPS 515: Yes
- Comply with SPS 530 (Investment Governance) for APRA-regulated super funds: Yes
- MySuper authorisation for default super products: Yes
- All 15 answers for superannuation trustees
Questions
- Do superannuation trustees need to maintain SMSF compliance with the sole purpose test (s 62)?
- No. On the facts that define superannuation trustees, this obligation does not apply. The engine's reason: Requires an SMSF.
- Is the answer the same for every industry?
- No. For 34 of the 35 industries Rules Mate maps, the answer is it depends on structure or size. Superannuation trustees is one of 1 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.