- 30-10(01) Code - act honestly with integrity
- 30-10(02) Code - comply with taxation laws in conduct of personal affairs
- 30-10(14) Code - respond to requests and directions from Board
Registration requirement not met:
- 20-5(3)(a) Company has ceased to meet registration requirement that each director is a fit and proper person
Explanation: On 20 February 2020, after completing an investigation, the Tax Practitioners Board (‘TPB’) decided to terminate the tax agent registration of Access Australasia International Pty Ltd (‘the Company’). The company had engaged in conduct that breached the Code of Professional Conduct (‘Code’), and the TPB found it no longer met the registration requirements as its sole director, Mr Ansheng Huang (registration number 39697003), was not a fit and proper person.
The TPB found that the Company had engaged in conduct that breached the Code because it:
• made a false statement to the TPB in its annual declaration. The company declared that it did not have any overdue tax obligations when in fact it owed substantial amounts to the ATO which were not subject to an ATO approved payment arrangement;
• made a false statement to the TPB in its registration renewal application. The company declared that it, and its sole director, did not have any overdue tax obligations when in fact it owed substantial amounts to the ATO, and its director also owed amounts to the ATO, which were not subject to ATO approved payment arrangements;
• had substantial unpaid debts to the ATO which had accumulated over a period of 8 years, and which were not subject to ATO approved payment arrangements;
• failed to comply with a TPB order, issued in April 2018, that required it to address its overdue tax obligations.
In addition to these Code breaches, the TPB found that the Company had ceased to meet the tax practitioner registration requirement that each of its directors be a fit and proper person. In making this finding, the TPB considered that the breaches of the Code demonstrated a lack of regard by its sole director, Mr Huang, for both the ATO and the TPB.
Date of Effect: 10/04/2020
Reason: 40-15(1)(b) company no longer meets registration requirements