Message from the Chair
As I am sure you are aware, from 1 March 2010 individuals and entities providing Business Activity Statement (BAS) services for a fee or other reward must become registered as a BAS agent or tax agent in order to continue to provide those services.
There are THREE ways to register as a BAS agent:
OPTION 1 - If you the meet educational qualifications and relevant experience requirements, you can apply for registration as a BAS agent or Tax agent under the ‘general registration’ provisions contained in the Tax Agent Services Act 2009.
OPTION 2 - If you have been providing BAS services before 1 March 2010, you can transition into the new regime under the transitional arrangements, by using a simple notification process.
Eligible individuals and entities have until 31 August 2010, which is six months from commencement of the new law, to use the online form to notify the Board of their desire to be registered. These individuals and entities will then be taken to be registered as a BAS agent under these transitional arrangements for two years from 1 March 2010.
OPTION 3 - If you do not have the educational qualifications or experience required under the new law, but have been providing BAS services to a
competent standard for a
reasonable period, you may apply to be registered within 3 years after 1 March 2010 (until 28 February 2013). Registration forms will be available on this website shortly.
The Board’s Committee on Entry Requirements met recently and specifically addressed the meaning of ‘competent standard’ and ‘for a reasonable period’.
- Reasonable period is considered to be at least 700 hours in the last two years. Anything less would need to be considered on a case by case basis.
- Competent standard should be demonstrated via a certificate or reference from the applicant’s employer or from the tax agent of the clients for whom the work is done. If the applicant is unable to obtain a certificate/reference from the employer or relevant tax agent, the Board would need to consider the application on a case by case basis.
Below are other important issues around registration that I would like to clarify:
· If you are a registered tax agent immediately before commencement of the new law, you will not need to register as a BAS agent under the new law. The Tax Practitioners Board will automatically take you to be registered as a Tax agent under the new law. You will be contacted by the Board when your re-registration is due.
· You do not need to register if you provide BAS services as part of your employment service for a wage/salary.
· You do not need to be a member of a Recognised BAS Association to be eligible to register as a BAS agent.
It is important to the Board that this new regime is introduced smoothly. By further explaining some of the entry options I hope that I have helped to explain the process and have reinforced how easy it is for you to comply with the new law.
Dale Boucher
Chair, Tax Practitioners Board
19 February 2010