BAS agents allowed to provide additional SGC services
From 6 November 2020, registered BAS agents can legally provide a wider range of services relating to the superannuation guarantee (SG) and superannuation guarantee charge (SGC).
We registered a new Legislative Instrument (LI) on 5 November 2020 as we found that the previous LI did not adequately define the scope of SG and SGC services that BAS agents could provide. While registered BAS agents could already provide some services relating to the SGC, registered BAS agents could not support their clients in their interactions with the ATO on SGC matters.
The new LI, Tax Agent Services (Specified BAS Services No. 2) Instrument 2020 repeals the Tax Agent Services (Specified BAS Services) Instrument 2016.
Services allowed under the new LI
The new LI authorises registered BAS agents to provide the following services:
- services under the Superannuation Guarantee (Administration) Act 1992 (SGAA) to the extent that they relate to a payroll function or payments to contractors – refer to examples provided below
- determining and reporting the SG shortfall amount and any associated administrative fees
- dealing with superannuation payments made through a clearing house
- completing and lodging the Taxable payments annual report to the ATO, on behalf of a client
- sending a tax file number declaration to the ATO, on behalf of a client
- applying to the Register for an Australian Business Number (ABN), on behalf of a client.
- Advising about an SGC liability, including calculating SGC and preparing the SGC statement
- Advising about the offsetting of late payments of superannuation contributions against the SGC, including completing the late payment offset election section of the SGC statement
- Representing a client in their dealings with the ATO relating to the SGC, including:
- lodging of SGC statements
- accessing the SG and SGC accounts in online services for BAS agents
- being an authorised contact for the SG and SGC account
- being an authorised contact for payment arrangements and requesting penalty remissions relating to the SGC account
- being an authorised contact for any audit or review activity undertaken by the ATO relating to the SGC.
For further information, including types of services that BAS agents can provide refer to BAS services.
While the LI allows BAS agents to provide the above services, a BAS agent is still bound by the Code of Professional Conduct (Code) under the Tax Agent Services Act 2009. Accordingly, BAS agents must not provide the services listed under the new LI if they do not have the required skills and competency.
Last modified: 5 November 2020