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TPB takes alleged unregistered tax agent to Federal court

Wednesday, July 4, 2012

TPB takes alleged unregistered tax agent to Federal court

The Tax Practitioners Board (TPB) commenced proceedings on 25 May 2012 in the Federal Court, Brisbane, against Trevor Schmierer for alleged breaches of the Tax Agent Services Act 2009 (TASA).

The TPB is seeking orders including an injunction and that Mr Schmierer pay a pecuniary penalty as his conduct is alleged to contravene the civil penalty provisions of section 50-5(1) and section 50-10(1) of the TASA.

Mr Schmierer is suspected of having provided tax agent services for a fee to individuals and other entities without being registered as a tax agent with the Board in relation to the 2009, 2010 and 2011 financial years. Mr Schmierer is also suspected of having advertised that he would provide tax agent services.

A spokesperson for the TPB said “The tax agent services legislation is designed to protect taxpayers from unqualified and unregistered tax agents and BAS agents. The Board strongly urges individuals and businesses only to use agents who are registered with the Board.”

To become registered as a tax agent or BAS agent, a person, company or partnership 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.

Members of the public can find out if a person or entity is a registered tax agent or BAS agent, or lodge a complaint about a tax agent through the TPB’s website at www.tpb.gov.au.

The Tax Practitioners Board was established on 1 March 2010 to protect consumers by regulating tax agents and BAS agents and those who should register with the Board.