The ATO has been making its expectations very clear – and the firms creating the most friction are the ones treating signed documents as an afterthought.
It’s a familiar scenario: the financials are done, the tax return is ready, and the client wants it wrapped up.
Then the auditor asks for signed minutes, a trustee representation letter, or declarations that haven’t been executed.
Cue the frustrated phone call.
From the auditor’s perspective – and increasingly the ATO’s – an unsigned document isn’t evidence of anything. And the regulator has recently made clear it’s had enough of seeing this problem in audit files.
What the ATO said in March 2026
The ATO issued a direct reminder to SMSF Auditors that every audit file must include a signed and dated trustee representation letter (TRL) before the audit is completed.
The TRL is the document in which all trustees confirm they’ve approved the financial statements and that the fund has complied with superannuation law.
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ATO’s position: Reviews found TRLs missing from audit files, left unsigned, incomplete, or signed after the audit was already done. The ATO called these issues “procedural and preventable” and was explicit: don’t sign the independent auditor’s report until a complete TRL is in hand. Missing or deficient TRLs are a common issue in matters referred to ASIC. |
In practice, TRLs go missing because the accounting firm hasn’t ensured the document was executed before sending the audit package across.
If your workflow involves chasing signatures after the file goes to the auditor, this is the problem the ATO is talking about.
The documents that need to be signed before audit sign-off
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Trustee representation letter Signed and dated by all trustees before the auditor issues the report. The ATO’s current primary focus. |
Trustee declarations (NAT 71089) New trustees must sign within 21 days of appointment. Keep for 10 years or duration of trusteeship. |
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Investment strategy Signed by all trustees, reviewed at least annually. One of the most cited compliance breaches when missing or unsigned. |
Trustee meeting minutes Every significant decision must be documented and signed. Missing minutes are among the most common audit findings. |
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Financial statements Trustees must sign off on the accounts before the auditor can certify their approval. |
Pension commencement docs Member request and trustee resolution must pre-date the first pension payment — not follow it. |
On backdating:
If a document wasn’t signed at the time it should have been, sign it now with today’s date and note it was executed late.
Backdating is not a fix — it’s a fraud risk. If a client suggests it, shut it down clearly.
Timing matters more than most clients realise
Some decisions only work if the paperwork exists first.
Pension commencements need a signed member request and trustee resolution before the first payment goes out – not after.
Related party asset acquisitions need a signed, arm’s length agreement in place from day one.
Documents prepared retrospectively don’t resolve the underlying compliance issue.
Workflow fix:Build a document checklist into your SMSF engagement process so signatures are collected throughout the year – when trustees change, when pensions commence, when significant assets are acquired. Collecting everything at audit time is where the delays come from. |
The bottom line
The ATO’s March 2026 reminder is part of a broader pattern of scrutiny on SMSF audit quality.
Matters are being referred to ASIC.
Auditors are under pressure.
And the root cause is usually documentation that wasn’t executed at the right time.
- Make sure everything is signed before the audit file goes across.
It’s the single most effective thing accounting firms can do to keep audits moving – and stay well clear of a problem the ATO has made plain it’s actively looking for.
General information only – not legal or financial advice. Refer to ATO guidance on SMSF record-keeping requirements and seek legal advice where needed.
This way >> for our full 2-page Audit Checklist for SMSF Compliance 2026 including PDF download.