When a registered tax practitioner dies, their registration with us must be terminated.
Following the death of a registered tax practitioner, it is important that the executor, next of kin or other representative notify us as soon as possible.
We appreciate that this is a difficult time and our procedures are designed to assist you in making appropriate arrangements in relation to the tax practitioner's practice.
What happens after you notify us?
When we receive advice about the death of a tax practitioner, we will:
write to the executor of the estate advising the date when the tax practitioner's registration will cease
terminate the tax practitioner's registration on the advised date
notify the Australian Taxation Office (ATO) and the Australian Securities and Investments Commission (if applicable) of the date that the registration will cease and the reason for termination
publish the notice of cessation of the tax practitioner's registration by the Notifiable Instrument
record the termination of the tax practitioner's registration on the TPB Register which will remain for a period of 12 months from the date the registration ceases.
What should be done with client files?
The maintenance of client files of the deceased tax practitioner will depend on:
any estate planning directives in place
the structure of the deceased agent's business.
Some businesses will cease when a tax practitioner dies, some will transition to a new registered tax practitioner and others can continue to operate because other registered tax practitioners within the business provide adequate supervision and control.
The executor should notify the tax practitioner's clients about the death and obtain the clients' permission before transferring client information to a third party.
Access to ATO online services
Once we notify the ATO of the date and reason for termination, the ATO will close the tax practitioner's access to its electronic interface systems including the practitioner lodgment service (PLS) and Online services for agents.
Enquiries relating to ATO systems, including matters relating to client lists, should be directed to the ATO. Visit www.ato.gov.au
If you need any further information or assistance, contact us.