Tax Agent Services Regulations 2022
made under the
Tax Agent Services Act 2009
Compilation No. 4
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the Tax Agent Services Regulations 2022 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name
3 Authority
5 Definitions
Part 2—Recognition of professional associations
Division 1—Purpose of Part
6 Purpose of this Part
Division 2—Recognised BAS agent associations
7 Application for recognition
8 Recognition of association
9 Notice to Board if association ceases to meet requirements
10 Notice if Board requests
11 Termination of recognition
Division 3—Recognised tax agent associations
12 Application for recognition
13 Recognition of association
14 Notice to Board if association ceases to meet requirements
15 Notice if Board requests
16 Termination of recognition
17 Notice of recognition—tax (financial) adviser association
Division 4—Miscellaneous
18 Review of decisions
19 List of recognised associations
Part 3—Registration of BAS agents and tax agents
Division 1—Registered BAS agents
20 Requirements for registration
Division 2—Registered tax agents
21 Requirements for registration
Division 3—Application fees for registration
22 Application fee for registration
Part 4—Investigations
23 Power to require witnesses to attend—allowances and expenses
Part 5—The Tax Practitioners Board
Division 1—Administrative assistance
24 Administrative assistance to the Board
Division 2—Register of entities
25 Authority for this Division
25A Basic information—current
25B Basic information—historical
25C Application for renewal of registration
25D Rejection of application for registration on integrity grounds
25E Orders, suspensions and terminations by Board
25F Findings of investigations by Board
25G Applications by Board…
Overview
The Tax Agent Services Regulations 2022 were made under the Tax Agent Services Act 2009 to implement the framework for regulating tax and BAS agents in Australia. The Act was enacted to address the need for a nationally consistent system to regulate tax and BAS agents, ensuring that only qualified and fit individuals provide these services. The Regulations establish the criteria and processes for recognising professional associations, registering tax and BAS agents, and maintaining a public register of entities involved in tax agent services. The policy objective is to enhance public confidence in the tax system by ensuring that tax and BAS agents are properly qualified and adhere to professional standards. The enacting body was the Parliament of Australia.
Scope and Application
The Tax Agent Services Regulations 2022, made under the Tax Agent Services Act 2009, governs the professional conduct and registration requirements of tax agents and Business Activity Statement (BAS) agents in Australia. These regulations apply nationally and establish criteria for the recognition of professional associations, the registration of tax agents and BAS agents, and the maintenance of a public register of tax agent and BAS agent entities. The regulations cover both individual practitioners and entities such as partnerships and companies. They set forth educational, experiential, and ethical standards for those seeking registration and outline the process for accrediting professional associations that meet certain governance and operational standards. The regulations also detail the procedures for investigations, the imposition of sanctions, and the maintenance of a public register that includes information on registered entities, their qualifications, and any disciplinary actions or court decisions affecting their registration status. Subordinate instruments, such as amendments, further refine the scope and application of these regulations.
Key Provisions
- The Tax Agent Services Regulations 2022 outline the operational framework for the recognition and registration of professional associations and individuals as tax agent services providers in Australia. Section 8 requires not-for-profit associations to apply for recognition as recognised BAS agent associations if they meet specific criteria, such as having adequate corporate governance and operational procedures, professional standards for their members, and arrangements for dealing with complaints. The Board must consider such applications and decide whether to recognise the association, with recognition being reviewable if refused. Section 13 covers the recognition of tax agent associations under similar criteria. Once recognised, associations must notify the Board if they no longer meet the requirements, and the Board can terminate recognition if necessary, providing an opportunity for the association to respond.
- Sections 20 and 21 detail the requirements for individuals to register as BAS agents or tax agents, which include specific educational qualifications, experience, and professional memberships. The Board has the authority to impose conditions on registrations, which can be reviewed by the Administrative Review Tribunal (ART). Part 4 of the Regulations addresses investigations, stipulating allowances and expenses for witnesses required to appear before the Board.
- The Board is mandated to maintain a register of all entities required to be entered, including current and historical information about their registration status and any orders, suspensions, or terminations. The register must also include information about findings by the Board or court decisions related to contraventions of civil penalty provisions. Section 26 identifies services that are not considered tax agent services, such as those provided by auditors of self-managed superannuation funds or trustees of trusts.
- Offences and penalties for breaches are not explicitly stated in the provided text, but the Regulations establish a framework for recognising and regulating tax agent services providers, suggesting that breaches of these provisions could lead to administrative actions such as suspension or termination of recognition and registration. Such actions would likely be detailed in the Tax Agent Services Act 2009 or subsequent legislative instruments.
- Area of Law
- Taxation Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Review & Sunset Clauses
