Qualifications and experience requirements for tax agents
To become a registered tax agent, individual applicants must satisfy certain qualifications and experience requirements, which are set out in the Tax Agent Services Regulations 2009 (TASR).
Note: Individuals are not required to satisfy the qualifications and experience requirements if they were registered as a tax agent or as a nominee for the purposes of Part VIIA of the Income Tax Assessment Act 1936 (now repealed) at both of the following times:
- immediately before 1 March 2010
- immediately before 1 November 1988.
Summary of qualifications and experience requirements for registration (including renewal) as a tax agent
The Summary of qualifications and experience requirements for registration (including renewal) as a tax agent table outlines the qualifications and experience options for tax agents.
Individuals must satisfy the requirements under one of the six items (items 201 to 206) in the table.
Each of the six items broadly consists of the following components:
- Qualification 1 (row three)
- Board approved courses (rows four to six)
- Relevant experience (row seven).
Qualification 1
Each of the six items, except for Item 205 (work experience), contains a qualification that is listed first. We call this Qualification 1.
Individuals should select the item that contains the most suitable Qualification 1. As a general guide, individuals who:
- have a qualification in accounting may find items 201 or 203 most suitable
- have a qualification in a discipline other than accounting may find item 202 most suitable
- have a qualification in law may find item 204 most suitable
- do not have one of the above qualifications, but have at least eight years of relevant experience in the past 10 years may find items 205 or 206 most suitable.
Board approved courses
Depending on which of the six items (items 201 to 206) an individual is seeking to rely on, the individual may need to have completed one or more of the following Board approved courses:
These Board approved courses may be attained through study of units with a university, registered training organisation, another registered higher education institution or another course provider approved by the Board.
A list of Board approved courses in Australian taxation law, commercial law and basic accountancy principles is available in the Board's Qualifications list. This list is compiled from courses that the Board has approved. It is therefore not a complete list and further courses will be added once as they are approved by the Board.
Individuals who have completed a course that does not appear on the Qualifications list are still encouraged to apply for registration if they believe they have completed other necessary courses that comply with the Board’s requirements. For further information, see below.
Requirements of Board approved courses
The Board’s requirements in relation to approved courses in Australian taxation law, commercial law and basic accountancy principles are summarised below.
Course in Australian taxation law
The information below summarises the topics or subject areas to be covered, minimum education levels and assessment requirements of a Board approved course in Australian taxation law.
For more information, refer to TPB (PG) 03/2010 Course in Australian taxation law that is approved by the Board.
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Topics or subject areas to be covered
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- The rules and principles of Australian tax law including an understanding of the legal environment in which these principles operate, including basics of the legal system, constitutional considerations, separation of powers
- The key aspects of the income tax law covering concepts of residence and source, related elements (only) of international tax, assessable income, deductions, tax rebates/offsets and tax accounting
- The key aspects of taxes that extend the ordinary income tax base including relevant principles and application of the capital gains tax and fringe benefits tax rules
- Goods and services tax
- Taxation of individuals and basic entities including partnerships, trusts and companies
- Taxation aspects of superannuation law
- Administrative aspects of the taxes identified above including returns, tax collection and withholding mechanisms, assessments, objections, rulings, penalties and audits
- Rules addressing specific and general anti tax avoidance, and
- Ethical and professional responsibilities of tax agents including obligations under the Tax Agent Services Act 2009 and Tax Agent Services Regulations 2009.
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Duration
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Two tertiary level subjects (200 to 260 hours in duration).
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Minimum education level
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Diploma level (Australian Qualifications Framework level 5).
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Assessment requirements
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Assessed to a significant degree under some form of independent supervision and in a manner demonstrating rigour and integrity.
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Course in commercial law
The information below summarises the topics or subject areas to be covered, minimum education levels and assessment requirements of a Board approved course in commercial law.
For more information, refer to TPB (PG) 02/2010 Course in commercial law that is approved by the Board.
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Topics or subject areas to be covered
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- An introductory or foundation unit commonly described as Australian legal systems and processes, and
- The equivalent of two or more commercial law units, which may include the following topics:
- - introduction to contract law
- - the fundamental legal concepts of business organisational structures (such as, sole traders, partnerships, corporations and trusts) and the underlying regulation of those structures
- - basic principles of the law of torts (in particular, negligence and negligent misstatement)
- - introduction to the fundamental law of real and personal property transactions
- - non-tax legal aspects of superannuation, and
- other commercial law topics approved by the Board.
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Duration
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Three tertiary level subjects (300 to 390 hours in duration).
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Minimum education level
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Diploma level (Australian Qualifications Framework level 5).
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Assessment requirements
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Assessed to a significant degree under some form of independent supervision and in a manner demonstrating rigour and integrity.
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Course in basic accountancy principles
The information below summarises the topics and subject areas to be covered, minimum education levels and assessment requirements of a Board approved course in basic accountancy principles.
For more information, please refer to TPB (PG) 01/2010 Course in basic accountancy principles that is approved by the Board.
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Topics or subject areas to be covered
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- Sources of regulation of accounting
- Understanding financial statements for different business structures
- Transaction analysis
- Basic understanding of double entry bookkeeping
- Cash and accrual accounting
- Key concepts and rules integral to understanding financial statements including:
- - Definition and recognition of revenues and expenses
- - Definition and recognition of assets
- - Definition and recognition of liabilities
- - Measurement of current-assets, including receivables and inventory
- - Measurement of non-current assets including depreciation and impairment, and
- - Measurement of liabilities, and
- Taxable income and accounting profit (loss).
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Duration
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One tertiary level subject (100 to 130 hours duration).
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Minimum education level
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Certificate IV (Australian Qualifications Framework level 4).
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Assessment requirements
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Assessed to a significant degree under some form of independent supervision and in a manner demonstrating rigour and integrity.
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Mix and match approach to Board approved courses
The Board appreciates that until some time has passed and relevant course providers are equipped to deliver Board approved courses, the concept of a Board approved course is likely to require individual applicants to rely on the subjects they have studied in degrees and other courses to meet the educational qualification requirements prescribed by the TASR, including Board approved courses.
As a result of this, the Board has adopted a mix and match approach in determining, for the purposes of tax agent registration, whether an individual applicant has completed a Board approved course, including:
- a course in Australian taxation law
- a course in commercial law, and
- a course in basic accountancy principles.
Under the mix and match approach, the Board will generally approve a particular course where it satisfies the bulk of the course content and topic requirements. The course must also satisfy all other relevant requirements, including those relating to duration, education level and assessment.
For more information, refer to TPB (I) 06/2011 Educational qualification requirements for tax agents and BAS agents – the mix and match approach to Board approved courses.
Individual circumstances
If you are unsure if a qualification or course you have completed, or are proposing to complete, meets the requirements of a particular Board approved course, you are invited to email the Board with details of the qualification or course. Your email should be sent to qualifications@tpb.gov.au and include the following information:
- course outline and other relevant course materials
- academic transcript (if relevant)
- details of the particular Board approved course that you are seeking approval for (for example, an approved course in Australian taxation law).
The Board will consider such queries on their merits and seek to provide practical guidance as appropriate.
Relevant experience
For registration as a tax agent, relevant experience means work by an individual:
a. as a tax agent registered under the TASA
b. as a tax agent registered under Part VIIA of the Income Tax Assessment Act 1936 (ITAA 1936)
c. under the supervision and control of a tax agent registered under the TASA
d. under the supervision and control of a tax agent registered under the ITAA 1936
e. as an Australian legal practitioner, or
f. of another kind approved by the Board
in the course of which the individual’s work has included substantial involvement in one or more of the types of tax agent services described in section 90-5 of the TASA, or substantial involvement in a particular area of the taxation law to which one or more types of tax agent services relate.
Section 90-5 of the TASA provides as follows:
(1) A tax agent service is any service:
(a) that relates to:
(i) ascertaining liabilities, obligations or entitlements of an entity that arise, or could arise, under a
taxation law, or
(ii) advising an entity about liabilities, obligations or entitlements of the entity or another entity that
arise, or could arise, under a taxation law, or
(iii) representing an entity in their dealings with the Commissioner, and
(b) that is provided in circumstances where the entity can reasonably be expected to rely on the
service for either or both of the following purposes:
(i) to satisfy liabilities or obligations that arise, or could arise, under a taxation law
(ii) to claim entitlements that arise, or could arise, under a taxation law.
(2) A service specified in the regulations for the purposes of this subsection is not a tax agent service.
Further information
For more information about the qualifications and experience requirements for tax agents, refer to:
- Tax Agent Services Regulations 2009 (TASR) Schedule 2, Part 2.