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Who must maintain SMSF compliance with the sole purpose test (s 62)?

The applicability test for Maintain SMSF compliance with the sole purpose test (s 62) (ATO), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Some businesses

Applies when the business has an SMSF.

What the obligation is

SMSFs must be maintained for the sole purpose of providing retirement benefits.

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. Pre-retirement benefits to members, related party transactions outside the rules, and asset use by members (e.g. collectibles, residential property) breach the test.

The applicability test

Applies when the business has an SMSF.

How the regulator frames it: SMSF trustees.

What triggers it: Operating an SMSF.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (34 of 35: depends on size or structure; 1 of 35: no).

IndustryAnswer
Real estate agentsDepends on size or structure
Accountants & bookkeepersDepends on size or structure
Lawyers & solicitorsDepends on size or structure
ConveyancersDepends on size or structure
Trust & company service providersDepends on size or structure
Precious metals & stones dealersDepends on size or structure
Fintech (non-bank)Depends on size or structure
Banks & ADIsDepends on size or structure
General insurersDepends on size or structure
Credit licensees & mortgage brokersDepends on size or structure
Aged care providersDepends on size or structure
NDIS providersDepends on size or structure
Health practitionersDepends on size or structure
Medical devices & therapeutic goodsDepends on size or structure
Private health insurersDepends on size or structure
Cafés & restaurantsDepends on size or structure
Hotels, pubs & licensed venuesDepends on size or structure
Retail tradeDepends on size or structure
E-commerce & online retailDepends on size or structure
Construction (residential & commercial)Depends on size or structure
ManufacturingDepends on size or structure
Agriculture, forestry & fishingDepends on size or structure
Mining & resourcesDepends on size or structure
Road transport & logisticsDepends on size or structure
Aviation (incl. drones)Depends on size or structure
Maritime & portsDepends on size or structure
Education — registered training orgsDepends on size or structure
Education — higher education providersDepends on size or structure
Software & SaaSDepends on size or structure
Professional services (general)Depends on size or structure
Charities & not-for-profitsDepends on size or structure
Telecommunications carriers / CSPsDepends on size or structure
Media & publishingDepends on size or structure
Gambling & wageringDepends on size or structure
Superannuation trusteesNo

Business structure and size

StructureAnswer in the 34 industries it can reach, any sizeEngine's reason (real estate agents, 6–19 employees)
Sole traderNoRequires an SMSF
PartnershipNoRequires an SMSF
TrustNoRequires an SMSF
Pty Ltd companyNoRequires an SMSF
Public companyNoRequires an SMSF
Not-for-profit (unregistered)NoRequires an SMSF
Registered charityNoRequires an SMSF
Super fundYesSelf-managed super fund
Foreign companyNoRequires an SMSF

Size does not change the answer in the 34 industries it can reach: at every size band the answer is "depends on size or structure".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Super fund in real estate agents with 6–19 employees, turnover $1M–$3M: applies. Self-managed super fund.
  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires an SMSF.

What you must do, and when

When due
Continuous.
Frequency
Ongoing
Evidence to keep
Investment strategy, valuation evidence, related-party transaction documentation, collectibles compliance for in-house assets.
Status
Current
Priority
Critical

Penalty for not complying

Maximum penalty: Loss of complying status; non-arm's length income taxed at 47%; trustee admin penalties; potential disqualification.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Obligations with the same applicability test

If this obligation applies to you, so does this one: the engine uses the same rule for each.

What usually applies alongside it

Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:

Where it sits in the corpus

Rules Mate tracks 9 published obligations tagged "super", 6 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 2 of those apply outright. This obligation is rated critical priority, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Australian Taxation Office.

ATO: Federal tax administrator covering income tax, GST, PAYG, FBT, superannuation guarantee, STP, and self-managed super funds. Also administers the Director ID regime via ABRS.

SIS Act: Federal supervision of superannuation.

Free tools that help with this obligation:

Questions

Who must maintain SMSF compliance with the sole purpose test (s 62)?
Applies when the business has an SMSF.
Do sole traders need to maintain SMSF compliance with the sole purpose test (s 62)?
No. Looking in the 34 industries it can reach and every size band, the engine's answer for a sole trader is: no.
Do businesses with 1–5 employees need to maintain SMSF compliance with the sole purpose test (s 62)?
Depends on size or structure (1–5 employees, turnover $100K–$1M).
When is "Maintain SMSF compliance with the sole purpose test (s 62)" due?
Continuous.

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.