ATO expands Reportable Tax Positions Schedule to large super funds and CIVs
06/02/2026
Through a published update, the Australian Taxation Office (ATO) has indicated they will expand the Reportable Tax Positions (RTP) Schedule obligations to include large super funds and Collective Investment Vehicles (CIVs). This will increase the compliance burden for large super funds and managed funds.
Impacted taxpayers
From the 2026 income tax year and onwards, it is anticipated that groups with the following super funds or managed funds will be required to lodge an RTP:
- Economic groups that lodge Australian tax returns with total business income of $250m or more.
- Trusts, partnerships, or funds within those groups with total business income above $25m.
Background to the RTP Schedule
Currently, large companies, which are part of groups that lodge Australian income tax returns disclosing $250m or more in revenue are required to lodge the RTP Schedule with their annual income tax return. The ATO provides further detail here.
The RTP Schedule is designed to identify uncertain tax positions that large companies may have. It consists of three categories, each of which must be considered and completed.
Category A
Category A requires disclosures of material positions that are either:
- about as likely to be correct as incorrect, even if they’re reasonably arguable
- less likely to be correct than incorrect.
Category B
Category B requires disclosures of:
- material tax-related provisions
- current or contingent tax liabilities recognised or disclosed in accordance with accounting principles in financial statements.
Category C
Category C requires disclosures of:
- specific arrangements of concern, including those identified by the ATO in its taxpayer alerts
- self-assessed risk ratings for arrangements covered by the ATO’s Practical Compliance Guidelines (PCGs).
Potential areas of concern for large super funds and funds
Whilst not an exhaustive list, the following taxpayer alerts and PCGs may be relevant to impacted super funds and other funds, and need to be considered as part of the completion of the RTP Schedule:
- PCG 2017/4: ATO compliance approach to taxation issues associated with cross-border related party financing arrangements and related transactions.
- Taxpayer alert TA 2020/5: Structured arrangements that provide imputation benefits on shares acquired where economic exposure is offset through use of derivative instruments.
- Taxpayer alert TA 2025/1: Managed investment trusts: restructures to access the managed investment trust withholding regime.
How SW can help
This is another example of the ATO gathering more data from taxpayers regarding arrangements it believes may give rise to Australian tax leakage, or where there is uncertainty in the Australian tax treatment.
Although details are limited, these expected changes will impact larger funds and super funds for those completing their 2026 income tax return, as they will need to undertake a rigorous analysis to determine if they have a reporting obligation in the RTP Schedule.
Our experts can assist you with identifying arrangements that are on the ATO’s radar, helping you better understand and proactively manage the appropriate tax treatment before the ATO raises any queries. This will give you greater certainty.
We can also assist you in completing the RTP Schedule.
Please reach out to your SW advisor for support from our team.
