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TPB takes alleged unregistered tax agent to court

Friday, March 2, 2012

TPB takes alleged unregistered tax agent to court

The Tax Practitioners Board (TPB) on 23 February 2012 instituted proceedings in the Federal Court, Brisbane, against Ms Avril Hogan for alleged breaches of the Tax Agent Services Act 2009. The TPB seeks orders including a pecuniary penalty and an injunction against Ms Hogan.

Ms Hogan is alleged to have provided tax agent services to 26 people, including by advising them about their income tax obligations and entitlements and completing and lodging their 2010 returns for a fee while she was not a registered tax agent. That conduct is alleged to contravene s 50-5(1) of the TASA.

To become registered as a tax agent or BAS agent a person or entity must apply to the TPB and meet certain requirements, including a fit and proper person test, and have relevant experience and other qualifications such as the appropriate education.

The TPB's Chair, Dale Boucher said "This legislation is designed to protect taxpayers from unreliable and unqualified tax agents and BAS agents. We strongly urge individuals and businesses only to use registered tax agents and BAS agents."

The public can find out if a person or entity is a registered tax agent or BAS agent, or lodge a complaint, via the TPB's website at www.tpb.gov.au. or by contacting the TPB on 1300 362 829.