Beware: Penalties and pitfalls of the early release of super.
The Australian Taxation Office (ATO) has issued a renewed warning to Australians about the potential ramifications of illegal early release of super.

Specific medical conditions or severe financial hardship are two of the very limited circumstances where early release is legal.
In the new warning, the ATO has urged individuals to “beware of people promoting early release of super schemes”.
“They might tell you they can help you withdraw your super to pay off credit card debt, buy a house or car, or go on a holiday,” it said.
The warning comes not long after a man was sentenced to three years in jail after orchestrating the illegal early release of superannuation for 25 people in the community.
An SMSF adviser was also banned from providing financial services last year after he was found to have been enabling people to use their superannuation savings to buy property.
Illegal schemes will cost you a lot more than the super you withdraw, the ATO has flagged, with severe fees and penalties for those people that do the wrong thing.
Not only this, promoters of such schemes that encourage the early release of super will also face prosecution, with the ATO asking anyone who has been approached to participate in such a scheme to contact the office directly.
Grace Ormsby
03 February 2020
smsfadviser.com
Latest eNewsletters
Hot Issues
- Super versus trusts: What is the best option with Div 296?
- Thinking of establishing an SMSF? Don’t skip reading the rules
- Investment and economic outlook, February 2026
- Coercive control in SMSF becoming a hot issue
- Are downsizer contributions losing steam?
- What to look for when choosing a financial adviser
- AI use needed with proper safeguards
- Most Reliable Car Brands in 2026
- ASIC targeting high-pressure sales and inappropriate advice
- Investment and economic outlook, January 2026
- Australians not underspending their super
- Five financial steps for the new year
- ASIC warns investors on pump and dump scammers
- Don’t confuse contribution with roll-over when using proceeds from small business sale
- Missed SG exemption may not be problem
- Rare and vanishing: Animals That May Go Extinct Soon
- It’s super hump month. Make the most of it
- Three timeless investing lessons from Warren Buffett
- 2026 outlook: Economic upside, stock market downside
- Care needed with ceased legacy pensions
- What had the biggest impact on the sector in 2025?
- What does 2026 look like in the SMSF sector?
- It’s not just Div 296 that could face changes in 2026
- Which country produces the most electricity annually?

