Explanatory Paper
TPB(EP) 04/2012
Continuing professional education policy requirements for registered tax and BAS agents from 30 June 2013

This explanatory paper is also available as a PDF, download TPB(EP)04/2012: Continuing professional education (1 MB).

This Tax Practitioner Board (TPB) explanatory paper (TPB(EP)) provides a detailed explanation of the TPB’s continuing professional education (CPE) requirements from 30 June 2013. Further, it explains the TPB’s interpretation of the provisions in the Tax Agent Services Act 2009 (TASA) relating to the CPE requirement, translating these provisions into practical principles that can be applied by the profession.

The principles, explanations and examples in this paper do not constitute legal advice.

Currency of details of the CPE requirement

The TPB intends to review the details of its CPE requirements periodically, with a view to making any necessary refinements for the future. The TPB reserves the right to amend its CPE requirements at any point, including before any formal review, if it becomes necessary to do so.

Key terms
The Key terms section of this TPB(EP) lists a number of key terms and the meaning they have in this TPB(EP).


Document history
This TPB(EP) was amended to reflect the changes made to the TASA which took effect on 30 June 2013 as a result of the Tax Laws Amendment (2013 Measures No. 3) Act 2013.This TPB(EP) was initially issued on
4 June 2012 and is based on the TASA and the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 and the Tax Agent Services Regulations 2009 (TASR) as at 30 June 2013.


Superseded TPB(EP)

The TPB’s CPE requirements for registered tax and BAS agents before 30 June 2013 are contained in the superseded TPB(EP) 04/2012 Continuing professional education. The CPE requirements contained in the superseded TPB(EP) no longer apply.


Issue date: 4 June 2012
Last updated: 28 October 2014


Overview

  1. This Tax Practitioners Board (TPB) explanatory paper (TPB(EP)) sets out the TPB’s CPE requirements.[1] Further, it provides guidance to registered agents on meeting their obligations under the Tax Agent Services Act 2009 (TASA), including the Code of Professional Conduct (Code).

  2. The TPB considers that CPE is the process of maintaining and improving a professional’s knowledge and skills. CPE is also a means by which registered agents maintain and build upon their primary qualifications, used to gain initial registration under the TASA.[2] It is imperative that a registered agent’s knowledge and skills adapt and improve as the law, society and their individual practice changes. From 30 June 2013, it is a requirement for all individual registered agents to have, upon renewal of registration, completed CPE that meets the TPB’s requirements. 

 

Objective

 

  1. Businesses increasingly operate in a globalised setting subject to continuous change. The TASA acknowledges this reality in the following ways.

    (a) The object of the TASA is to ensure that tax agent services[3] are provided to the public in accordance with appropriate standards of professional and ethical conduct.[4] Therefore, the TASA has a consumer protection imperative. The completion of relevant CPE will assist registered agents to ensure that their knowledge and skills are maintained for the benefit of their clients and the broader community.

    (b) Paragraph 20-5(1)(d) of the TASA imposes a mandatory obligation on all registered agents to have completed CPE that meets the TPB’s requirements to renew their registration from 30 June 2013. This means that all registered agents who lodge an application for renewal of registration from this date will need to demonstrate that they have completed CPE in accordance with the TPB’s requirements.

    (c) Section 30-10 of the TASA, containing the Code, regulates the personal and professional conduct of registered agents, and includes obligations relating to maintaining knowledge and skills and taking reasonable care.[5]

  1. The TASA reinforces the view that it is essential for registered agents to maintain their knowledge and skills throughout their professional life. This includes completing more significant CPE during periods of legislative change and to account for changes to a registered agent’s individual circumstances. The principles contained in this TPB(EP) will therefore assist registered agents to meet their obligations under the TASA as described above.

 

Legislative background

 

  1. This TPB(EP) provides guidance on the application of the renewal of registration requirement contained in paragraph 20-5(1)(d) of the TASA and elements of the Code set out in section 30-10 of the TASA.

  2. All registered agents are required to comply with:

    (a) paragraph 20-5(1)(d) of the TASA which requires registered agents to, upon renewal of registration, demonstrate that they have completed CPE that meets the TPB’s requirements; and

    (b)  section 30-10 of the TASA which relevantly requires that:

    ‘(8) You must maintain knowledge and skills relevant to the *tax agent services that you provide.…[6]

    (10) You must take reasonable care to ensure that *taxation laws are applied correctly to the circumstances in relation to which you are providing advice to a client.…

    (12) You must advise your client of the client’s rights and obligations under the *taxation laws that are materially related to the *tax agent services you provide’.

  1. Paragraphs 3.45 and 3.46 of the Explanatory Memorandum to the Tax Agent Services Bill 2008 relevantly state that: 

‘… Keeping up-to-date with developments in the relevant taxation laws and tax administration may require agents to undergo a certain minimum number of hours of tax related continuing professional education per year as determined by the Board.  

3.46 The Board may issue a guideline listing the training that is available in the market (including face-to-face training courses, distance learning and online courses) as being sufficient for continuing professional education purposes for this principle of the Code. For this purpose, any person or organisation can make a recommendation to the Board to have their training courses listed. The courses are not restricted only to those offered by recognised professional associations, recognised BAS agent associations, tax agents or BAS agents.’[7]

  1. Further, the Explanatory Memorandum to the Tax Laws Amendment (2013 Measures No.3) Bill 2013 provides that the amendments make it a registration requirement for individuals seeking to renew their registration to have met the TPB’s CPE requirements. This ensures that registered individuals maintain their skills and knowledge for the benefit of their clients.[8]

 

CPE principles

  1. The legislative principles and provisions described above recognise that registered agents must complete relevant CPE to renew their registration as a registered tax agent or BAS agent, and also to assist in complying with their obligations under the Code.

  2. CPE refreshes and updates the core body of knowledge that is essential to the services provided by each registered agent, building upon and maintaining the relevance of a registered agent’s educational background.

  3. The following principles underpin the TPB’s CPE requirements:

    (a) From 30 June 2013, it is a registration renewal requirement for registered agents to have completed CPE that meets the TPB’s requirements.[9]

    (b) CPE contributes to the maintenance of contemporary and relevant knowledge and skills required of registered agents to comply with the Code.[10]

    (c) Registered agents provide a broad spectrum of tax agent services. The following categories of registered agents generally reflect the different scope of services provided by agents registered under the TASA:

    (i) Tax agents: Registered tax agents are legally able to provide tax agent services, which includes BAS services, for a fee or other reward.[11] The term ‘tax agent service’ is given a wide definition by the TASA.[12]

    (ii) BAS agents: Registered BAS agents are legally able to provide BAS services for a fee or other reward.[13] The term ‘BAS service’ is defined by the TASA.[14]

    (iii) Conditional agents: The term conditional agent refers to a registered tax agent or BAS agent who has a condition imposed on their registration, in respect of the subject area in which the agent may provide tax agent services or BAS services. Two significant groups of conditional tax agents are quantity surveyors and research and development consultants.

    Diagram 1 – Categories of registered agents

        
           

     

    (iv) Some agents who fall into the category ‘conditional agent’ may have a deeper expertise in a subject matter, or may provide tax agent services or BAS services in a particular area, to a high level. For the purpose of this TPB(EP) these agents will be considered a conditional agent, because notwithstanding their particular knowledge and skills the agent still has a condition imposed on their registration which limits the tax agent services or BAS services they can provide. Therefore it is appropriate that they be treated as a conditional agent for the purposes of this TPB(EP).

    The TPB notes that there will also be some agents who fall into the category ‘conditional agent’ who only provide tax agent services or BAS services in a particular or restricted area of the taxation laws. It is appropriate in these circumstances that these agents also be treated as a conditional agent for the purpose of this TPB(EP). This is because of their limited area of knowledge and skills and because there may be less relevant CPE available to agents in this category.

    (d) The Courts have previously indicated in a number of cases that continued registration requires that registered agents be competent. The maintenance of competence by a registered agent requires continuing awareness, understanding and up-to-date knowledge of relevant technical, legal and business developments. A registered agent who has maintained their knowledge and skills is better equipped to advise their clients and apply the taxation laws to individual circumstances and therefore to comply with the Code.[15] In Stasos v Tax Agents’ Board [1990] FCA 379, Hill J stated at paragraph 49:

    ‘once registered, however, the tax agent must keep up to date with the massive changes to the income tax law, no easy task in the present time, so that he can properly advise and represent his clients. That is a responsibility which comes with the privileged position in which he is placed.’[16]

    (e) The TPB acknowledges that CPE is required to be completed by members of all recognised tax and BAS agent associations.[17] The TPB also notes that the Tax Agent Services Regulations 2009 (TASR) specifies the following requirements.

    (i) Item 103(a) in Schedule 1 of the TASR requires that a recognised BAS agent association have professional and ethical standards including terms to the effect that: 

    ‘voting members must undertake at least 15 hours of continuing professional education each year’.

    (ii) Item 203(a) in Schedule 1 of the TASR requires that a recognised tax agent association have professional and ethical standards including terms to the effect that:

    voting members must undertake an appropriate number of hours of continuing professional education each year, having regard to the circumstances and requirements of the members’.

    (f) Recognising the wide scope of services provided by tax agents and the maturity of the CPE activities available to this category of registered agent, the TPB expects that tax agents should complete a minimum of 90 hours of relevant CPE over three years.  

    (g) The TPB acknowledges that the scope of services provided by BAS agents is narrower than those provided by tax agents, as BAS services are a subset of tax agent services. Therefore, the TPB expects that the minimum level of relevant CPE that should be completed by BAS agents is 45 hours over three years.[18] The TPB will review the details of its CPE requirements from time to time, with a view to making any necessary refinements for the future.

    (h) Under the TASA an agent may be registered as a conditional agent. The TPB recognises that this category of registered agent may not provide a broad range of tax agent services or BAS services. The TPB expects that this category of registered agent complete a minimum of 45 hours of relevant CPE over three years, or as specified in Schedule 1 of this TPB(EP).[19]

 

What does this mean for tax and BAS agents?



  1. This TPB(EP) provides guidance on the application of the TASA, particularly in relation to the requirements as to CPE. Registered agents unfamiliar with professional regulation will benefit most from this guidance.

  2. The TPB anticipates that its CPE requirements will also instigate and drive the future development of CPE activities by various associations and organisations for the registered agent profession. The TPB does not intend to provide regular CPE activities. However, the TPB may conduct webinars, road-shows or other activities from time to time which may qualify as relevant CPE.

  3. For clarity, it is noted that at this time the TPB does not propose to accredit or approve CPE activities. Registered agents should exercise their professional judgment in selecting relevant CPE activities to be completed.

 

What does this mean for consumers?



  1. The TPB expects that its CPE requirements will assist in maintaining, and where necessary, raising standards within the registered agent profession and help promote consumer protection. When engaging an agent to provide tax agent services or BAS services, the TPB encourages the public to ask whether the agent is registered with the TPB. Using a registered tax or BAS agent should ensure that the agent maintains appropriate standards of professional and ethical conduct. It may also mean that the taxpayer can take advantage of safe harbour provisions. These provisions are administered by the Australian Taxation Office (ATO), and in certain circumstances may operate to avoid or lessen certain administrative penalties that may otherwise be imposed by the ATO.

CPE requirements and examples



CPE for tax agents


  1. Registered tax agents should complete a minimum of 90 hours of CPE over three years. CPE completed should be relevant to the tax agent services provided by the registered tax agent.

  1. The TPB recognises that for various reasons the number of hours of CPE completed by a tax agent in a given year may vary. To allow for flexibility in these situations, tax agents are able to complete their CPE over a three year period, and generally in line with the agent’s registration period.

  2. This means that a tax agent must ensure that at the end of their CPE period (three years) a minimum of 90 hours of CPE has been completed. The TPB considers that not less than 10 hours of relevant CPE should be completed in any given year of a registered tax agent’s CPE period.

  1. A tax agent’s CPE period will begin on the date the tax agent is registered and ends on the date the tax agent’s registration expires in respect of that registration (generally three years). If a tax agent’s registration period is for a period other than three years, the tax agent should complete CPE on a pro-rata basis. 

    A tax agent registered as at 30 June 2013 should complete CPE pro-rata from 30 June 2013 to the date on which that registration expires.[20]

    Example 1

    In 2014, John, a registered tax agent, only completes 10 hours of CPE due to parenting leave in the first half of the year. To account for his shortfall in CPE hours, John completes 50 hours of CPE in 2015 and 30 hours of CPE in 2016.

    As John has completed 90 hours of CPE over his CPE period (maintaining a minimum of 10 hours CPE each year), the TPB considers that he has completed the minimum level of CPE.



CPE for BAS agents

 

  1. Registered BAS agents should complete a minimum of 45 hours of CPE over three years. CPE completed should be relevant to the BAS services provided by the registered BAS agent.

  2. The TPB recognises that for various reasons the number of hours of CPE completed by a BAS agent in a given year may vary. To allow for flexibility in  these situations, BAS agents are able to complete their CPE over a three year period.

  3. This means that a BAS agent must ensure that at the end of their CPE period (three years) a minimum of 45 hours of CPE has been completed. The TPB considers that not less than five hours of relevant CPE should be completed in any given year of a registered BAS agent’s CPE period.

  4. A BAS agent’s CPE period will begin on the date the BAS agent is registered and ends on the date the BAS agent’s registration expires in respect of that registration (generally three years). If a BAS agent’s registration period is for a period other than three years, the BAS agent should complete CPE on a pro-rata basis.

    A BAS agent registered as at 30 June 2013 should complete CPE pro-rata from 30 June 2013 to the date on which that registration expires.[21]

    Example 2

    Deepa’s registration as a BAS agent is due to expire on 31 August 2014. Deepa should complete relevant CPE pro-rata from 30 June 2013 to 31 August 2014. At expiry, Deepa should have completed 17 hours and 30 minutes of relevant CPE, i.e. 45 hours, pro-rata to 14 months.

    However, provided Deepa has completed a minimum of five hours of relevant CPE from 30 June 2013 to 30 June 2014, the TPB will consider that she has completed the minimum level of CPE. 


CPE for conditional agents


  1. Subject to paragraph 28 below, a conditional agent[22] should complete a minimum of 45 hours of CPE over three years. CPE completed should be relevant to the tax agent services (or BAS services) provided by the conditional agent.

  2. The TPB recognises that for various reasons the number of hours of CPE completed by a conditional agent in a given year may vary. To allow for flexibility in these situations, conditional agents are able to complete their CPE over a three year period.

  3. This means that a conditional agent must ensure that at the end of their CPE period (three years) a minimum of 45 hours of CPE has been completed. The TPB considers that not less than five hours of relevant CPE should be completed in any given year of a conditional agent’s CPE period.

  4. A conditional agent’s CPE period will begin on the date the conditional agent is registered and ends on the date the conditional agent’s registration expires in respect of that registration (generally three years). If a conditional agent’s registration period is for a period other than three years, the conditional agent should complete CPE on a pro-rata basis.

    A conditional agent registered as at 30 June 2013 should complete CPE pro-rata from 30 June 2013 to the date on which that registration expires.[23]

    Example 3

    Vinh is a tax agent who is registered under the TASA as a conditional agent. Vinh may only provide a service that is a tax agent service under section 90-5 of the TASA in respect of the various taxation laws relating to superannuation.

    Vinh should complete 45 hours of CPE over his CPE period relevant to the type of tax agent services he provides. Vinh is not required to complete CPE in relation to other types of tax agent services which he does not provide.


CPE for certain categories of conditional agents

 

  1. The TPB recognises that there may be certain categories of conditional agents for which the expected minimum level of CPE, set out above, is not appropriate. These categories are set out in Schedule 1 of this TPB(EP). The TPB will update Schedule 1 if it considers it appropriate to do so, in considering other categories of conditional agents for which the expected minimum level of CPE may not be appropriate.

    Example 4

    Mandy is a quantity surveyor who registers under the TASA as a conditional agent. Mandy may only provide tax agent services that relate to Part 2-10 of the Income Tax Assessment Act 1997 (ITAA 1997) concerning capital allowances and the rules about deductibility of capital expenditure.

    Mandy should complete six hours of CPE over her CPE period (two hours per year) relevant to the type of tax agent services she provides (as per Schedule 1 of this TPB(EP)). Mandy is not required to complete CPE in relation to other types of tax agent services which she does not provide.


What is relevant CPE?


  1. The TPB considers relevant CPE to be the maintenance of contemporary and relevant knowledge and skills.

  2. CPE completed by registered agents should be relevant to the tax agent services they provide and the development of their relevant personal knowledge and skills. Further, CPE activities should be provided by persons or organisations with suitable qualifications and/or practical experience in the relevant subject area.

  3. Subject to paragraph 33 below, the TPB does not intend to be prescriptive regarding particular topics for CPE activities which should be completed. Registered agents should exercise their professional judgment in selecting relevant CPE activities to be completed.
     

    Example 5

    Vince is a registered BAS agent. Vince attends a training session provided by Swift Software. Vince uses the Deluxe Swift software package to assist him in providing BAS services to clients.

    The TPB considers that while this training session is indirectly relevant to the BAS services Vince provides it will be considered relevant CPE because effective and accurate use of the software package impacts on the skills Vince needs to competently provide BAS services to clients.

  4. The completion of a primary course which has been used for the purpose of gaining initial registration as a tax agent or BAS agent, or renewing such registration, will not generally constitute a CPE activity. However, a subsequent or higher level of course relevant to the tax agent services provided may be acceptable.

  5. The TPB may from time-to-time, recommend specific topics for CPE activities in certain circumstances. For example, the TPB may ask for registered agents to complete CPE activity in the TASA, including the Code, particularly where the registered agent has not completed a course covering this topic as part of their educational qualification requirements used to gain initial registration.

  6. During periods of legislative change or where changes occur to a registered agent’s professional practice, registered agents should complete sufficient CPE to meet their knowledge and skill requirements. It is essential for registered agents to maintain their knowledge and skills in order to provide competent and contemporaneous services to clients.

    Example 6

    Pauline is a registered tax agent with a condition imposed on her registration. Pauline may only provide tax agent services relating to deductions for research and development (R&D) activities under Part III Division 3 of the Income Tax Assessment Act 1936 (ITAA 1936).

    Pauline is aware that the legislation recently enacted redesigns the current R&D Tax Concession system. Pauline undertakes specific and in-depth training in this area to ensure she becomes competent in the new regime.

    The training Pauline completes is more than the minimum level of CPE set by the TPB because of its complexity and scale.

  7. All registered agents are required to comply with the TASA, including the Code. Therefore, the TPB expects all registered agents should have knowledge of the TASA, including the Code, as part of their general competency requirement. The TPB expects that this knowledge will be able to be enhanced through CPE.[24]

    Example 7

    Craig is a registered tax agent. Craig completes a unit of study through the Smart State TAFE that deals with the provisions of the TASA, including the Code, and its practical application for tax agents and their practice.

    This unit of study may count as CPE because Craig is enhancing his knowledge of the regulatory regime in which he operates. Having knowledge of a registered agent’s obligations under the TASA will benefit Craig in providing tax agent services to the public.


CPE activities


  1. Examples of CPE activities include:

    (a) seminars, workshops, webinars, courses and lectures

    (b) structured conferences and discussion groups (including those completed by telephone or video conference)

    (c) tertiary courses provided by universities, registered training organisations (RTOs), other registered higher education institutions or other approved course providers (including distance learning)[25]

    (d) other educational activities, provided by an appropriate organisation

    (e) research, writing and presentation by the registered agent of technical publications or structured training

    (f) peer review of research and writing submitted for publication or presentation in structured training

    (g) computer/internet-assisted courses, audiotape or videotape packages

    (h) attendance at structured in-house training on tax related subjects by persons or organisations with suitable qualifications and/or practical experience in the subject area covered

    (i) attendance at appropriate ATO seminars and presentations

    (j) relevant CPE activities provided to members and non-members by a recognised tax or BAS agent association

    (k) a unit of study or other CPE activity on the TASA, inclusing the Code[26]

    Example 8

    Annalisa is a registered tax agent who works for a major accounting firm. Annalisa is required by her employer to attend CPE provided by a partner of the firm, who specialises in superannuation. The partner presents a lecture on the taxation of complying superannuation funds, approved deposit funds, pooled superannuation trusts and providers of retirement savings accounts governed by Part 3-30, Division 295 of the Income Tax Assessment Act 1997 (ITAA 1997), followed by an interactive discussion and consideration of a complex hypothetical case study.

    As the CPE activity is structured and provided by a suitably qualified person, Annalisa may count this session as CPE.    

  1. The TPB expects that not more than 25 per cent of CPE over a registered agent's CPE period should be completed through relevant technical or professional reading.

  2. The provision of a tax agent service will not, of itself, constitute a CPE activity.


Recognition of other CPE


  1. The TPB acknowledges the CPE requirements imposed on members of recognised tax and BAS agent associations[27] as a condition of their membership. Where a registered agent is a member of a recognised tax or BAS agent association, the TPB will accept the registered agent’s compliance with their association’s CPE requirements, subject to the following:

    •  the CPE activities completed must be relevant to the tax agent services or BAS services provided

    • the CPE activities completed must be provided by persons or organisations with suitable qualifications and/or practical experience in the subject area

    • the CPE completed meets the minimum level of CPE as specified in principles 10(f), 10(g) and 10(h) of the CPE principles section of this TPB(EP).

    Example 9

    Taj is a member of Tax World, a recognised tax agent association. As a member of Tax World, Taj is required to complete 120 hours of CPE over three years. Taj’s practice primarily deals with individual and simple partnership and company income tax matters. Taj attends a CPE seminar provided by Tax World in relation to its potential merger with an international accounting association.

    As this seminar is not relevant to the tax agent services provided by Taj, the seminar would not be considered to be relevant CPE by the TPB.

  1. The TPB recognises that members of a recognised tax and BAS agent association may have a different CPE period as compared to the three year period under the TPB’s CPE requirements.

  2. The TPB expects that at the end of a registered agent’s CPE period, a registered agent who is relying on the CPE completed for a recognised tax or BAS agent association should be able to demonstrate that they complied with their CPE obligations with the recognised association. In doing so they will also be in the process of complying with their current TPB CPE obligations.

  3. In any case, the TPB considers that not less than 10 hours of relevant CPE by tax agents, and not less than five hours of relevant CPE by BAS agents and conditional agents, should be completed in any given year.


Recording CPE activities


  1. The TPB considers that an important aspect of maintaining knowledge and skills involves recording and reflecting on CPE completed. Effective record keeping allows a registered agent to ensure that an appropriate amount and type of CPE is completed in relation to the areas in which a registered agent practises.

  2. Registered agents should ensure that a contemporaneous record and evidence of their completed CPE activities is maintained.

  3. The TPB has developed and made available an appropriate CPE log for registered agents to use which can be accessed from Recording CPE activities. The TPB does not expect that an additional CPE log or record be maintained where a record is already maintained to satisfy the registered agent's membership requirements of a recognised tax or BAS agent association.

  4. Records should be kept for a period of six years, unless the registered agent is a member of a recognised tax or BAS agent association in which case records should be kept in accordance with the requirements of the relevant tax or BAS agent association.

  5. The TPB intends to request evidence or confirmation of CPE completed upon renewal of registration as a tax agent or BAS agent. In addition, the TPB may from time to time request evidence or confirmation of CPE completed by registered agents during their period of registration.[28] This is to allow for annual notification of CPE completed, if the TPB so requires this.

    Example 10

    Seamus attends a seminar provided by BAS World, a recognised BAS agent association, in relation to changes to fuel tax credits. Seamus records the particulars of the course (name, date and time) and course provider on his electronic CPE log.

    As Seamus receives a brochure of the seminar and email confirmation of his enrolment, he keeps these records as evidence of CPE completed. The TPB considers that Seamus has taken the appropriate steps to record his CPE.

    Alternatively, if Seamus enrolled in the seminar but did not attend it, Seamus would not be able to count the seminar as a completed CPE activity.


Extenuating circumstances


  1. The TPB acknowledges that there may be extenuating circumstances where a registered agent is unable to complete the minimum level of CPE in their CPE period, or in any given year of their CPE period. Registered agents should exercise their professional judgment in this regard and should keep appropriate contemporaneous records of such circumstances.

  2. Examples of situations where it might not be possible for a registered agent to complete the minimum level of CPE include

    (a) illness and/or disability

    (b) financial or other hardship

    (c) natural disaster

    (d) other relevant circumstances.

  1. In these types of circumstances, the TPB will consider appropriate relief from the minimum level of CPE for registered agents, provided the registered agent can demonstrate that they have attempted to use the flexibility of their CPE period to manage any extenuating circumstances to comply with the TPB’s CPE requirements.

    Example 11

    Alicia is a BAS agent running a sole practice in the Brisbane suburbs. In early 2014, Alicia is involved in a car accident and sustains serious injury. Alicia is unable to work for six months and manages to complete only 3 hours of CPE for that year.

    Alicia completes 20 hours of CPE in the second year and 22 hours of CPE in the third year.

    In this case, the TPB will accept that Alicia has completed CPE that meets the TPB’s requirements, despite Alicia not having completed the minimum 5 hours of CPE in the first year.

  2. The TPB notes that while the minimum amount of CPE may not, in certain circumstances, be met, registered agents should be mindful that their obligation under the Code to maintain knowledge and skills relevant to the tax agent services provided cannot be abrogated. Therefore, registered agents may use the flexibility of their CPE period (three years) to manage any extenuating circumstances. Registered agents should also be mindful of the prescribed relevant experience requirements for renewal of registration.

    Example 12

    Heather is a tax agent residing in Coober Pedy, South Australia. She provides tax agent services predominantly to individuals who work in opal mines. Heather rarely has time to travel to Adelaide to attend face-to-face training and only makes a modest income. However, Heather is careful to maintain her knowledge and skills by completing online learning packages and participating in online discussion groups as well monitoring updates on the ATO website and completing technical reading.

    During a typical CPE period Heather completes two face-to-face seminars (total of 10 hours), participates in structured online discussion groups (total of 52 hours), completes one internet assisted courses (total of seven hours) and undertakes 21 hours of technical reading.

    The TPB considers that Heather has completed the minimum level of CPE.

 

Compliance with the Code of Professional Conduct


  1. Completion of at least the minimum level of relevant CPE outlined in this TPB(EP) will be considered by the TPB as one of the factors which would evidence compliance by a registered agent with relevant items of the Code, contained in section 30-10 of the TASA.

  2. It is noted that if the TPB is satisfied, after conducting an investigation under Subdivision 60-E of the TASA, that a registered agent has failed to comply with the Code, the TPB may, amongst other things, give the agent an order under section 30-20 of the TASA to take specified actions. This may include completing a course of education or training.

 

Compliance with CPE upon renewal of registration and transitional arrangements


  1. The TPB recognises that the current legislative framework, which incorporates CPE into the registration renewal process, marks a shift from the legislative framework that previously underpinned the TPB’s CPE policy prior to 30 June 2013. Therefore, the TPB will make necessary arrangements to ensure a smooth transition to the new legislative requirements contained in paragraph 20-5(1)(d) of the TASA.

  2. In particular, the following transitional arrangement will apply in respect of applications for renewal of registration made between 30 June 2013 and 30 June 2016 inclusive:

    • Despite the CPE requirements set out in paragraphs 16 to 51 of this TPB(EP), registered agents will be taken to have met the requirements of paragraph 20-5(1) (d) of the TASA if they have read and understood the information in this TPB(EP)

    • This transitional arrangement is only available to individuals registered with the TPB as a tax agent or BAS agent as at 31 December 2013.

    • Further, a registered agent cannot access this transitional arrangement more than once. Therefore, any second and subsequent renewal applications made by a registered agent between 30 June 2013 and 30 June 2016 will be considered in accordance with the requirements set out in paragraph 56 of this TPB(EP).

  3. In relation to applications for renewal of registration made from 1 July 2016, or other applications for renewal of registration that do not qualify for the transitional arrangement set out in paragraph 55 above, registered agents will be required to have completed CPE in accordance with the requirements set out in paragraphs 16 to 51 of this TPB(EP) in order to meet the requirements of paragraph
    20-5(1)(d) of the TASA. For example, in the case of a registered tax agent, the agent will need to show that they have completed a minimum of 90 hours of relevant CPE (with a minimum of 10 hours in any given year).

  4. For the purposes of paragraph 56 above, the TPB intends to request verification of compliance with this TPB(EP). This verification may be in the form of registered agents having to provide a record of their CPE activities (such as a CPE log) with their renewal application form, or such other form of verification that the TPB considers appropriate.

    Example 13

    Danny is registered as a tax agent as at 31 December 2013.

    Danny lodges his application for renewal of registration on 13 June 2015. To renew his registration, Danny will need to satisfy the TPB that he meets the requirements for renewal of registration, including the requirements under paragraph 20-5(1)(d) of the TASA. In relation to this requirement, Danny will need to have read and understood the information in this TPB(EP).

    Assuming Danny’s application for renewal of registration is granted and he is registered for a further 3 years, Danny will need to show that he has completed a minimum of 90 hours of relevant CPE (with a minimum of 10 hours in any given year) at his next renewal.

  5. For further information in relation to compliance with the TASA, including the Code, visit About obligations.


Key terms

BAS agent

This term refers to an entity registered by the TPB as a BAS agent under section 20-25 of the Tax Agent Services Act 2009. To be registered as a BAS agent the entity must, amongst other things, meet the requirements relating to qualifications and experience listed in Part 1 of Schedule 2 to the Tax Agent Services Regulations 2009.

BAS service

This term has the meaning given to it in section 90-10 of the Tax Agent Services Act 2009. A BAS service is a ‘tax agent service’, see ‘tax agent service’ in this section.

Code of Professional Conduct (Code)

The Code is contained in section 30-10 of the Tax Agent Services Act 2009. It sets out standards of professional and ethical conduct with which registered agents must comply.

Conditional agent

This term refers to a registered tax agent or BAS agent who has a condition imposed on their registration under subsection 20-25(5) of the Tax Agent Services Act 2009. The condition will relate to the subject area in which the agent provides tax agent services or BAS services.

CPE

Continuing professional education (CPE) is also commonly referred to by professional associations as continuing professional development.

CPE period

A registered agent’s CPE period is generally three years. A registered agent’s CPE period will begin on the date the agent is registered and ends on the date the agent’s registration expires in respect of that registration.

Recognised BAS agent association

A recognised BAS agent association is an organisation that applies to the TPB for recognition and the TPB decides to recognise the association in accordance with Division 1 of Part 1A of the Tax Agent Services Regulations 2009.

Recognised tax agent association       

A recognised tax agent association is an organisation that applies to the TPB for recognition and the TPB decides to recognise the association in accordance with Division 2 of Part 1A of the Tax Agent Services Regulations 2009.

Registered agent

This term refers to both tax agents and BAS agents registered under the Tax Agent Services Act 2009.

Tax agent

This term refers to an entity registered by the TPB as a tax agent under section 20-25 of the Tax Agent Services Act 2009. To be registered as an individual tax agent the entity must, amongst other things, meet the requirements relating to qualifications and experience listed in Part 2 of Schedule 2 to the Tax Agent Services Regulations 2009.

Tax agent service

This term has the meaning given to it in section 90-5 of the Tax Agent Services Act 2009. The definition of tax agent service includes BAS services.


Related documents

Explanatory papers

 

TPB(EP) 01/2010: Code of professional conduct

TPB(EP) 02/2010: Fit and proper person

TPB(EP) 03/2010: Professional indemnity insurance requirements for tax and BAS agents

TPB(EP) 05/2014: Professional indemnity insurance requirements for tax (financial) advisers

TPB(EP) 06/2014: Continuing Professional education policy requirements for registered tax (financial) advisers

 

Information sheets

 

TPB(I) 01/2011: Letters of engagement

TPB(I) 02/2011: Claiming a lien over client property

TPB(I) 03/2011: Trusts and registration

TPB(I) 04/2011: BAS agent educational qualification requirements

TPB(I) 05/2011: Information regarding the assessment aspect and requirements of an approved course in basic GST/BAS taxation principles

TPB(I) 06/2011: Educational qualification requirements for tax agents and BAS agents – the mix and match approach to Board approved courses

TPB(I) 07/2011: Approval process for courses providers

TPB(I) 08/2011: Reports or other advice incorporating tax agent services provided by a third party

TPB(I) 09/2011: Software developers

TPB(I) 10/2011: Required knowledge of the Tax Agent Services Act 2009 including the Code of Professional Conduct

TPB(I) 11/2011: Challenge test criteria for a Board approved course in basic GST/BAS taxation principles

TPB(I) 12/2012: Insolvency practitioners: Do you need to register as a tax or BAS agent?

TPB(I) 13/2012: Contractors

TPB(I) 14/2012: Tertiary qualifications in a discipline other than accountancy for tax agents

TPB(I) 15/2012 Code of Professional Conduct – Holding money or other property on trust

TPB(I) 16/2012: Do valuers need to register as tax agents?

TPB(I) 17/2013: Code of Professional Conduct – Reasonable care to ascertain a client’s state of affairs

TPB(I) 18/2013: Code of Professional Conduct – Reasonable care to ensure taxation laws are applied correctly

TPB(I) 19/2014: Code of Professional Conduct – Managing conflicts of interest

TPB(I) 20/2014: What is a tax (financial) advice service?

TPB(I) 21/2014: Code of Professional Conduct – Confidentiality of client information

Proposed guidelines

TPB(PG) 01/2010: Course in basic accountancy principles approved by the Board

TPB(PG) 02/2010: Course in commercial law approved by the Board

TPB(PG) 03/2010: Course in Australian taxation law approved by the Board


Schedule 1

CPE for certain categories of conditional agents[29]

 

 

Category of registered agent

Amount of CPE

Quantity surveyors

Provide tax agent services in relation to Part 2-10 of the Income Tax Assessment Act 1997 (ITAA 1997) (relating to capital allowances)

Six hours of relevant CPE over three years

Fuel Tax Credits

Provide tax agent services in relation to the fuel tax law as defined in section 995-1 of the ITAA 1997

Six hours of relevant CPE over three years


[1] CPE is also commonly referred to by professional associations as continuing professional development. The term CPE is used in this TPB(EP) as this is how the concept of professional development is referred to in the Tax Agent Services Regulations 2009 (TASR) and the Explanatory Memorandum to the Tax Agent Services Bill 2008

[2] The TPB has released several documents in relation to its policies on education and the prescribed requirements for registration under the TASR. See the Related documents section of this TPB(EP).

[3] The definition of tax agent service includes a BAS service. See the key terms section of this TPB(EP).

[4] Section 2-5 of the TASA.

[5] See paragraph 6(b) of this TPB(EP) for further information on the specific items of the Code relating to CPE.

[6] Use of a ‘*’ in the TASA indicates that the term is defined in the dictionary (Division 90) of the TASA.

[7] Paragraphs 3.45 and 3.46 of the Explanatory Memorandum to the Tax Agent Services Bill 2008.

[8] Paragraph 3.116 of the Explanatory Memorandum to the Tax Laws Amendment (2013 Measures No. 3) Bill 2013.

[9] See paragraph 20-5(1)(d) of the TASA.

[10] Section 30-5 of the TASA provides that the Code applies to all registered tax and BAS agents. If, following an investigation under Subdivision 60-E of the TASA, the TPB is satisfied that an agent has failed to comply with the Code, it may impose one or more administrative sanctions under section 30-15 of the TASA. Sanctions the TPB can impose include a written caution, a period of suspension, termination of the agent’s registration or an order to take specified actions. The severity of a sanction will depend on the TPB’s consideration of the nature and extent of the breach and the circumstances of each case. The TPB has issued an Explanatory Paper in relation to the Code of Professional Conduct. For further information please refer to Code of Professional Conduct.

[11] The term ‘tax agent’ is defined in the Key terms section of this TPB(EP).

[12] The term ‘tax agent service’ is defined in subsection 90-5(1) of the TASA and is referred to in the Key terms section of this TPB(EP).

[13] The term ‘BAS agent’ is defined in the Key terms section of this TPB(EP).

[14] The term ‘BAS service’ is defined in subsection 90-10(1) of the TASA and is referred to in the Key terms section of this TPB(EP).

[15] See in particular subsections 30-10(8), 30-10(10) and 30-10(12) of the TASA.

[16] See further Comino v Tax Agents Board of NSW [2009] AATA 766 at paragraph 34 and Re Su and Tax Agents’ Board of South Australia 82 ATC 4284.

[17] Refer further to paragraph 39 of this TPB(EP).

[18] See the Key terms section of this TPB(EP).

[19] See paragraph 28 of this TPB(EP) for more information on the CPE requirements for certain categories of conditional agents.

[20] Members of a recognised tax agent association should refer to paragraph 39 of this TPB(EP).

[21] Members of a recognised tax or BAS agent association should refer to paragraph 39 of this TPB(EP).

[22] See the Key terms section of this TPB(EP).

[23] Members of a recognised tax or BAS agent association should refer to paragraph 39 of this TPB(EP).

[24] See TPB(I) 10/2011 Required knowledge of the Tax Agent Services Act 2009 including the Code of Professional Conduct for further information.

[25] The TPB considers that the completion of a primary course, required for registration as a tax agent or BAS agent will not generally constitute a CPE activity. However, a subsequent or higher level of course relevant to the tax agent services or BAS services provided may be acceptable.

[26] See TPB(I) 10/2011 Required knowledge of the Tax Agent Services Act 2009 including the Code of Professional Conduct for further information.

[27] See the Key terms section of this TPB(EP).

[28] The TPB acknowledges that a registered agent may be audited by a tax or BAS agent association of which they are a member. The TPB may consider the outcome of such an audit as evidence of CPE completed.

[29] Current as at 28 October 2014.