Tax Practitioners Board v Su

Case [2014] FCA 731


FEDERAL COURT OF AUSTRALIA

Tax Practitioners Board v Su [2014] FCA 731

Citation: Tax Practitioners Board v Su [2014] FCA 731
Parties: TAX PRACTITIONERS BOARD v TSU CHIEN SU
File number(s): NSD 12 of 2014
Judge(s): JAGOT J
Date of judgment: 10 July 2014
Catchwords: CIVIL PENALTIES – quantum – applicant contravened Tax Agent Services Act 2009 (Cth) s 50-20 by recklessly making false, incorrect or misleading statements to Commissioner of Taxation – relevant considerations in fixing appropriate penalty – statements not deliberately or knowingly false – no intention to mislead Commissioner – tax agent registration terminated as result of conduct – loss caused to Commonwealth – inconvenience to taxpayers – specific deterrence – general deterrence – early admission of contraventions – totality principle – proportionality of penalty to objective seriousness of contravening conduct – parity principle
Legislation: Tax Agent Services Act 2009 (Cth) ss 40-5(1)(b), 40-25(1), 50-5, 50-20, 50-35, 60-125(2)
Cases cited:

Attorney-General (SA) v Tichy (1982) 30 SASR 84

Australian Building & Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2010] FCA 977

Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] FCA 336

Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2005] ATPR 42-070; [2005] FCA 683

Australian Competition and Consumer Commission v Marksun Australia Pty Ltd [2011] FCA 695

Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) [2011] FCA 382

Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238; [2010] FCA 790

Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560; [2008] FCAFC 8

Barbaro v The Queen (2014) 305 ALR 323; [2014] HCA 2

Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Mill v The Queen  (1988) 166 CLR 59

Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383; [2008] FCAFC 70

Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543; [2007] FCAFC 65

R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309

Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20

Tax Practitioners Board v Dedic [2014] FCA 511

Tax Practitioners Board v Munro [2012] FCA 1338

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64;

Date of hearing: 23 June 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 25
Counsel for the Applicant: Mr C O'Donnell
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr L Fermanis
Solicitor for the Respondent: Hancock Alddis & Roskov

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 12 of 2014

BETWEEN:

TAX PRACTITIONERS BOARD
Applicant

AND:

TSU CHIEN SU
Respondent

JUDGE:

JAGOT J

DATE OF ORDER:

10 JULY 2014

WHERE MADE:

SYDNEY

THE COURT DECLARES THAT:

1.Between about 6 July 2011 and 9 August 2011, in…

Continue reading Tax Practitioners Board v Su

Sign in free to access the full text

Details
AGLC
Tax Practitioners Board v Su [2014] FCA 731
Case
[2014] FCA 731
Decision Date

CaseChat Overview and Summary

The Federal Court of Australia was asked to determine the appropriate penalty for Tsu Chien Su, a registered tax agent, for his reckless conduct in contravention of section 50-20 of the Tax Agent Services Act 2009 (Cth). The Tax Practitioners Board sought declarations against and the imposition of a pecuniary penalty on the respondent for his conduct in lodging 25 false income tax returns on behalf of taxpayers. The Board contended that the penalty should reflect the seriousness of the contraventions, while the respondent argued for a lower penalty, given the absence of dishonesty, early admission of the contraventions, and his limited financial gain. The Court considered various principles of penalty determination, including proportionality, deterrence, rehabilitation, and the principle of totality. The Court held that the penalty should not be disproportionate to the objective seriousness of the conduct, and that the respondent's early admission and limited financial gain should be taken into account. The Court ultimately determined that an appropriate penalty would be $70,000, payable over seven years in instalments of $10,000. The Court also ordered declarations to be made as sought by the Board, with amendments to reflect that the respondent was reckless, rather than knowingly making false statements.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.