Board Conduct Committee decisions - January to April 2017
During the period from January to April 2017, the Board Conduct Committee (BCC) imposed the following administrative sanctions:
- 25 written cautions
- 22 orders
- one suspension of registration
- eight terminations of registration.
Written caution and orders
The BCC issued a written caution to 23 tax and BAS agents who had failed to complete their annual declaration by the due date. In 21 of these cases an order was issued to agents to lodge their annual declarations within 21 days from the date of the order.
A written caution was issued in another matter where a tax agent partnership had breached the Code by failing to comply with their personal tax obligations and not responding to requests and directions from the Board in a timely, responsible and reasonable manner.
The BCC found in another case that a tax agent company had breached the Code (subsection 30-10(1) of the TASA) by accessing a client’s information on the ATO’s tax agent portal without authority on several occasions. The BCC imposed a further order requiring the company’s director to undertake a course of education in ethics within six months from the date of the order.
Suspension of registration
A complaint was received against a tax agent for failing to pass on the full tax refund amounts from the ATO to a client despite numerous requests. During the course of the investigation, it was found that the agent had deliberately misled the client as to the actual refund amounts.
The BCC determined that the agent had breached the Code (subsections 30-10(1) and 30-10(3) of the TASA) and decided to suspend the agent’s registration for a period of 12 months.
Termination of registration
The BCC terminated the ongoing registration of eight tax practitioners who had breached the Code by failing to comply with the Board’s order to lodge their annual declarations.
In seven of these cases the BCC also found that the tax practitioners had further breached the Code by failing to comply with their personal tax obligations and maintain professional indemnity insurance that meets the Board’s requirements.
Last modified: 23 May 2017