Tax time loans are not illegal. However, tax practitioners need to consider whether their involvement in promoting or facilitating such arrangements could give rise to a potential conflict of interest or otherwise affect their obligations under the Code of Professional Conduct. Tax time loans, from tax practitioners, may not be fair or in their clients’ best interests. Tax practitioners providing improper tax time loans may harm consumers, especially vulnerable members of our community. In particular, practitioners should ensure clients clearly understand any fees, terms and arrangements. Further information about tax time loans is available on our news article.

A person whose registration has been terminated may apply again. Any application is assessed on its merits at the time of application. The applicant must demonstrate that they meet the registration requirements, including that they are a fit and proper person. The circumstances that led to the termination will be relevant to that assessment.

If the Board imposes an order or a more serious sanction following an investigation, the matter is recorded on our Public Register. Where the Board undertakes an investigation under section 60-95 of the TASA, it may decide, in certain circumstances, to publish the outcome of that investigation (a Publication Decision). If a practitioner's registration has been terminated, this is recorded on our Public Register. Publication decisions remain on the register for at least 5 years and may be subject to review. Learn more by reading our publication decisions and termination pages.

We work collaboratively with the ATO and have access to relevant information regarding practitioner’s tax compliance. Registered tax practitioners are expected to keep their personal tax obligations up to date. This includes:

• lodging your personal income tax returns on time
• lodging your instalment or business activity statements on time
• paying your tax bill or coming to an arrangement with the ATO to pay amounts owing.

When you lodge a new or renewal application you should advise us if you have entered into a payment arrangement with the ATO. More information on complying with your personal tax obligations is available on our personal tax obligations page.

Tax practitioners are required to keep records that accurately reflect the services provided to clients. Source documents, such as receipts form part of appropriate record-keeping. While bank statements may support bookkeeping records, they do not replace the need for adequate documentation. Practitioners should ensure their record keeping is sufficient to comply with legal and ethical standards.

For more information about how this obligation applies, including some practical case studies, refer to our record keeping guidance.

We monitor and investigate unregistered preparers where there is a risk to the public or potential non-compliance with the law. Our compliance approach includes:

• the use of data analytics to conduct risk profiling
• investigations to authenticate our intelligence
• compliance actions based on the nature of the misconduct
• a targeted approach to dealing with unregistered preparers; and
• strong collaboration with co-regulators.

In more serious cases, we may apply to the Federal Court of Australia for injunctions and civil penalties. More information about unregistered preparers strategy is available on our unregistered preparers strategy page.

A ‘significant breach’ of the Code is a breach that:

• constitutes an indictable offence, or an offence involving dishonesty, under an Australian law
• results, or is likely to result, in material loss or damage to another entity (including the Commonwealth)
• is otherwise significant, including considering, any one or more of the following factors:
  • the number or frequency of similar breaches by the tax practitioner
  • the impact of the breach on the tax practitioner’s ability to provide tax or BAS agent services
  • the extent to which the breach indicates that the tax practitioner’s arrangements to ensure compliance with the Code are inadequate; or
• is prescribed by the Tax Agent Services Regulations 2022 (TASR).

For more information read our breach reporting guidance. 

Although you’re unable to remain anonymous to us on our complaints form, you can advise us if you have any privacy concerns regarding reporting non compliance. Unless specifically advised about a privacy concern, we would treat this report like any other complaint in terms of assessing what information about the complaint (including who the complainant is) needs to be disclosed to the reported practitioner. This is to facilitate the investigation and to grant the practitioner appropriate procedural fairness.

 For more information read our breach reporting guidance.