Termination of tax agent registrations - February 2020

Overview

The Tax Agent Services Act 2009 (TASA) was enacted by the Parliament of Australia to regulate the activities of tax practitioners, ensuring they meet the required standards of competence and integrity. The Act provides a framework for the registration of tax agents, and it is overseen by the Tax Practitioners Board (TPB). The purpose of the Act is to protect the public by ensuring that tax practitioners who hold themselves out as able to provide tax services are appropriately qualified, competent, and act with integrity. One of the key functions of the TPB under the Act is to terminate the registration of tax agents who no longer meet the registration requirements or have passed away, thereby maintaining the integrity of the profession and protecting consumers from potential misconduct. The gazette issued under C2020G00809 informs the public of the termination of tax agent registrations by the TPB, as per subdivision 40-A of the TASA. This particular gazette details the termination of registrations for three tax agents: Bradley Ryan Stemp, Golda Schoenbaum, and Peter Ristevski. The reasons for the terminations include the agents being deceased or no longer meeting the registration requirements. This action by the TPB ensures that only qualified and compliant tax agents remain registered, thereby upholding the policy objective of the Act to safeguard the public from potentially unqualified or unethical practitioners.

Scope and Application

The Tax Agent Services Act 2009 (TASA) applies to tax agents and their practices within Australia, regulating the professional conduct and registration of those providing tax agent services. The Act pertains to individuals or entities acting as tax agents, including those who prepare tax returns, provide tax advice, or perform related activities for remuneration. It operates under a Commonwealth jurisdiction, meaning its provisions extend across all states and territories in Australia. The Act establishes the framework for the registration of tax agents, ensuring they meet certain professional standards and competence requirements. Notably, the Act allows for the termination of a tax agent's registration if they fail to meet these requirements or if they pass away, as evidenced by the termination of Bradley Ryan Stemp and Golda Schoenbaum's registrations due to their deaths, and Peter Ristevski's registration due to not meeting the requirements. The Act's application can be extended or restricted through subordinate instruments, which may include regulations or codes of practice issued under its authority.

Key Provisions

The document outlines the termination of tax agent registrations under the Tax Agent Services Act 2009 (TASA). Specifically, section 40-60 of the Act permits the Tax Practitioners Board to terminate the registration of tax agents who no longer meet the requirements for registration, or in cases where a tax agent has passed away. Section 40-50 of the Act specifies the grounds for termination, including failure to meet ongoing requirements or death. In this case, Bradley Ryan Stemp and Golda Schoenbaum's registrations were terminated due to their deaths, effective from 8 February 2020 (section 40-60(1)(a)). Peter Ristevski's registration was terminated as he no longer met the registration requirements, effective from 12 February 2020 (section 40-60(1)(b)). The obligations and requirements imposed by the Act on the Tax Practitioners Board include ensuring that tax agents maintain their professional standards and meet the registration criteria. Under section 40-50(1), the Board must monitor the qualifications and conduct of tax agents and take action when necessary to protect the public interest. When an agent no longer meets the requirements or has passed away, the Board must terminate their registration to prevent potential harm to clients and the integrity of the tax system. The Board is also required to notify affected parties, as seen in the formal communication sent to the relevant tax agents. Breaches of the Act can result in both civil and criminal consequences. While the specific offences and penalties are not detailed in this document, section 40-55 of the Act generally provides for penalties for non-compliance. Civil penalties can include fines up to a specified amount, and in severe cases, criminal penalties can include imprisonment. For instance, section 40-65 of the Act allows for fines of up to $22,200 for individuals and $111,000 for bodies corporate for serious breaches. These penalties serve as deterrents to ensure compliance with the Act's provisions.