A BAS service is a 'tax agent service' that relates to:
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ascertaining or advising about the liabilities, obligations or entitlements of a client under a BAS provision; or
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representing a client in their dealings with the Commissioner of Taxation in relation to a BAS provision; and
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where it is reasonable to expect a client will rely on the service to satisfy liabilities or obligations or to claim entitlements under a BAS provision.
The Tax Agent Services Act 2009 (TASA) provides that the Tax Practitioners Board (TPB) may, by legislative instrument, specify that another service is a BAS service.
There are significant civil penalties for anyone providing BAS services for a fee or reward, or advertising BAS services, while unregistered.
For the definition of a BAS service, refer to section 90-10 of the TASA.
BAS provision
The term ‘BAS provision’ is defined in the Income Tax Assessment Act 1997 as:
- Part VII (collection and recovery only) of the Fringe Benefits Tax Assessment Act 1986
- the indirect tax laws, including
- the goods and services tax (GST) law
- the wine tax law
- the luxury car tax law
- the fuel tax law, and
- Parts 2-5 and 2-10 in schedule 1 of the Tax Administration Act 1953, which are about the pay as you go (PAYG) system
- Division 389 in Schedule 1 to the Taxation Administration Act 1953
- the Major Bank Levy Act 2017.
Declaring certain services as BAS services
We've registered the following legislative instruments that extend the scope of services that registered BAS agents can provide:
- Tax Agent Services (Specified BAS Services No.2) Instrument 2020 — this instrument, registered on 5 November 2020, allows BAS agents to provide certain services, including in relation to the superannuation guarantee (SG) and superannuation guarantee charge (SGC). This instrument repeals the Tax Agent Services (Specified BAS Services) Instrument 2016. See Superannuation guarantee section below for further information.
- Tax Agent Services (Specified BAS Services No.1) Instrument 2020 — this instrument, registered on 15 April 2020, allows BAS agents to provide certain services under the Australian Government's COVID-19 stimulus measures. See Historical provisions: COVID-19 stimulus measures section below for further information.
Superannuation guarantee
The legislative instrument — Tax Agent Services (Specified BAS Services No. 2) Instrument 2020 — allows BAS agents to provide the following additional services:
- services relating to a payroll function or payments to contractors
- determining and reporting the SG shortfall amount and any associated administrative fees
- dealing with superannuation payments made through a clearing house
- completing and lodging the Taxable payments annual report to the ATO, on behalf of a client
- sending a tax file number declaration to the ATO, on behalf of a client
- applying to the Register for an Australian Business Number (ABN),on behalf of a client
- advising about an SGC liability, including calculating SGC and preparing the SGC statement
- advising about the offsetting of late payments of superannuation contributions against the SGC, including completing the late payment offset election section of the SGC statement
- representing a client in their dealings with the ATO relating to the SGC, including:
- lodging of SGC statements
- accessing the SG and SGC accounts in online services for BAS agents
- being an authorised contact for the SG and SGC account
- being an authorised contact for payment arrangements and requesting penalty remissions relating to the SGC account
- being an authorised contact for any audit or review activity undertaken by the ATO relating to the SGC.
Refer to the explanatory statement of this legislative instrument for further information.
Historical provisions: COVID-19 stimulus measures
From 16 April 2020, BAS agents can legally provide advice and assist eligible businesses to claim their entitlements under the JobKeeper Payment and Cashflow support for business initiatives.
The legislative instrument, Tax Agent Services (Specified BAS Services No.1) Instrument 2020, declares the following services to be a BAS service:
- a service under the Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020
- a service under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020
- a service under any rules that the Treasurer may, by legislative instrument, make pursuant to section 20 of the Coronavirus Economic Response Package (Payments and Benefits) Act 2020
- a service under any legislative instrument made under subsections(b) and (c).
This Legislative Instrument also allows registered BAS agents to legally provide services under the JobKeeper Payment extension rules and the JobMaker Hiring Credit rules.
Refer to the explanatory statement of this instrument for further information.
Examples of BAS services
This table includes a non-exhaustive list of the types of services that may and may not constitute a BAS service under the TASA.
Conveyancers
Conveyancers may need to register with the TPB to assist their clients with GST withholding for certain taxation supplies of property as it may constitute a BAS service.
For further information refer to Conveyancers and GST withholding for certain taxable supplies of property
Labour hire firms and service trusts
Where a service trust or labour hire entity provides services to a client and the client can reasonably be expected to rely upon the service to satisfy their liabilities or obligations or claim entitlements under a BAS provision, the service trust or labour hire entity may be providing a BAS service and be required to register as a BAS agent.
Generally, a service trust or labour hire entity is unlikely to be required to register where there is another registered entity (including a registered individual) which is providing the BAS service and it is that entity which is directing the services being performed by the personnel provided by the service trust or labour hire entity.
If you operate a labour hire/on-hire firm and are unsure if you are required to be registered, please refer TPB information sheet Labour hire/on-hire firms TPB(I) 26/2016
If you operate a service trust and are unsure if you are required to be registered, contact us
Learn more about BAS registration types
Further information
Last modified: 22 July 2025