Plaskitt and Tax Practitioners Board

This matter concerned an application for review of decisions made by the Tax Practitioners Board to terminate the registration of Mr Plaskitt as a tax agent and to impose a non-application period of five years for re-registration. The dispute arose from allegations that Mr Plaskitt had contravened the Code of Professional Conduct, including failing to comply with taxation laws in his personal affairs and misappropriating client funds. The review was heard by Mr Rob Reitano, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Plaskitt was a fit and proper person to be a registered tax agent, a prerequisite for registration under the relevant Act. This involved assessing whether he possessed good fame, integrity, and character, and considering the professional responsibilities of a tax agent who acts as an intermediary between clients and government bodies, requiring both competence and honesty. The Tribunal also had to consider whether to impose a prohibition on Mr Plaskitt reapplying for registration and, if so, for what duration.

The Tribunal found that Mr Plaskitt, as the sole supervising partner of a partnership, allowed the partnership to misappropriate funds from a client, Dr Cosford, by making unauthorised loans to the partnership and to two stepdaughters. While not making specific findings on all allegations due to a lack of detailed submissions, the Tribunal concluded that these actions, combined with Mr Plaskitt's failure to rectify his and the partnership's personal taxation affairs and his denial of dishonest conduct, demonstrated a lack of fitness and propriety. Furthermore, a prior formal written caution for breaches of the Code, including lodgement failures and outstanding debts, was considered relevant. The Tribunal determined that a five-year prohibition on reapplication was appropriate, primarily to protect the public and deter future misconduct, given the seriousness of the conduct and Mr Plaskitt's apparent lack of understanding of his obligations regarding conflicts of interest.