A tax (financial) advice service provided by a financial services licensee or a representative of a financial services licensee in the course of giving advice of a kind usually given by such a licensee or representative.

Note: With the law changes that took effect on 1 January 2022, we have introduced a tax (financial) advice services condition which provides the same privileges as this condition. If you are a new applicant intending to provide tax (financial) advice services only, select ‘tax (financial) advice services’ condition from the list of conditions on the online application form. For renewing applicants, we will be phasing out the Australian financial services condition gradually and moving tax agents with this condition to the tax (financial) advice services condition. If this affects your registration we will contact you when you lodge your renewal.

A BAS service that specifically relates to:

• preparing and lodging business activity statements (BAS)
• considering one or more of the BAS provisions relating to:
  • fringe benefits tax under Part VII of the Fringe Benefits Tax Assessment Act 1986
  • goods and services tax (GST) under the GST law (as defined in the A New Tax System (Goods and Services Tax) Act 1999)
  • wine equalisation tax under the wine tax law (as defined in the A New Tax System (Wine Equalisation Tax) Act 1999)
  • luxury car tax under the luxury car tax law (as defined in the A new Tax System (Luxury Car Tax) Act 1999)
  • fuel tax under the fuel tax law (as defined in the Fuel Tax Act 2006)
  • Pay As You Go (PAYG) withholding and instalments under Part 2-5 and Part 2-10 in Schedule 1 to the Taxation Administration Act 1953, including withholding variation applications
  • employer notifications under the 'Single Touch Payroll' reporting framework in Division 389 in Schedule 1 to the Taxation Administration Act 1953
  • imposition of levies under the Major Bank Levy Act 2017
• any service that the Tax Practitioners Board has, by legislative instrument, specified to be a BAS service under subsection 90-10(1A) of the Tax Agent Services Act 2009, including:
  • services specified under the Tax Agent Services (Specified BAS Services No. 1) Instrument 2020 that relate to the Coronavirus economic response payments administered by the Commissioner of Taxation
  • services specified under the Tax Agent Services (Specified BAS Services No. 2) Instrument 2020 that relate to:
    • the Superannuation Guarantee (Administration) Act 1992, to the extent that they relate to a payroll function or payments to contractors
    • determining and reporting a superannuation guarantee shortfall amount and associated administrative fees under the Superannuation Guarantee Charge Act 1992
    • dealing with superannuation payments in accordance with superannuation data and payment standards made by the Commissioner of Taxation under Part 3B of the Superannuation Industry (Supervision) Act 1993
    • completing and lodging a Taxable payments annual report for a client under Part 5-30 in Schedule 1 to the Taxation Administration Act 1953
    • sending a tax file number declaration to the Commissioner of Taxation for a client under sections 202CD and 202CF of the Income Tax Assessment Act 1936
    • applying to the Registrar of the Australian Business Register for an Australian Business Number for a client under section 9 of the A new Tax System (Australian Business Number) Act 1999

including any amendment to, or replacement of, these legislative provisions specifically relating to a BAS provision or BAS service.

A tax agent service that specifically relates to capital gains and losses under Part 3-1 and Part 3-3 of the Income Tax Assessment Act 1997, or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to this legislation.

A tax agent service that specifically relates to the foreign resident capital gains withholding regime under Subdivision 14-D in Schedule 1 to the Taxation Administration Act 1953, which includes completing and submitting the Foreign resident capital gains withholding clearance certificate application, Foreign resident capital gains withholding rate variation application and Foreign resident capital gains withholding purchaser payment notification, including under any amendment to, or replacement of, these legislative provisions specifically relating to foreign resident capital gains withholding.

A tax agent service that specifically relates to advising on and dealing with creditors, including the Australian Taxation Office, for tax debts and tax-related liabilities as defined under section 8AAZA of and subsection 255-1(1) in Schedule 1 to the Taxation Administration Act 1953, respectively, or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to this legislation.

A tax agent service that specifically relates to the digital games tax (DGT) offset governed by Part 3-45, Division 378 of the Income Tax Assessment Act 1997, and associated legislation (including any amendment to these legislative provisions) specifically relating to the DGT offset.

A tax agent service that specifically relates to the Excise Tariff Act 1921, Excise Act 1901 and associated legislation, or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to this legislation.

A tax agent service that specifically relates to the assessment, collection and recovery of fringe benefits tax governed by Part VII of the Fringe Benefits Tax Assessment Act 1986 and associated legislation, or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to this legislation.

A tax agent service that specifically relates to the Fuel Tax Act 2006 and associated legislation, or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to this legislation.

A tax agent service that specifically relates to a GST law as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999, or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to this legislation.

A tax agent service that specifically relates to one or more of the following:

• excise – excise under the Excise Act 1901, the Excise Tariff Act 1921 and associated legislation;
• fuel tax – a fuel tax law as defined in section 110-5 of the Fuel Tax Act 2006;
• goods and services tax – a goods and services tax (GST) law as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 and associated legislation;
• luxury car tax – a luxury car tax law as defined in section 27-1 of the A New Tax System (Luxury Car Tax) Act 1999;
• wine equalisation tax – a wine tax law as defined in section 33-1 of the A New Tax System (Wine Equalisation Tax) Act 1999;

or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to the legislation as referenced above.

A tax agent service that specifically relates to one or more of the following:

• pay as you go (PAYG) withholding governed by Part 2-5 in Schedule 1 to the Taxation Administration Act 1953
• superannuation guarantee charge and superannuation contributions governed by the Superannuation Guarantee (Administration) Act 1992 and associated legislation
• quoting Tax File Numbers (TFN) governed by Part VA, Division 3 of the Income Tax Assessment Act 1936
• employer notifications under the 'Single Touch Payroll' reporting framework in Division 389 in Schedule 1 to the Taxation Administration Act 1953
• fringe benefits tax under Part VII of the Fringe Benefits Tax Assessment Act 1986
• employment termination payments under Part 2-40, Division 82 of the Income Tax Assessment Act 1997
• genuine redundancy and other payments under Part 2-40, Subdivision 83-C of the Income Tax Assessment Act 1997

including any amendment to, or replacement of, these legislative provisions specifically relating to the above subject matters or payroll services.

A tax agent service that specifically relates to Part 2-10 of the Income Tax Assessment Act 1997 concerning capital allowances and the rules about deductibility of capital expenditure, or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to this legislation.

A tax agent service that specifically relates to

• registering clients for Australian Business Number (ABN) purposes as provided for under Part 2, Division 4 of the A New Tax System (Australian Business Number) Act 1999
• applying for the issuing of clients' Tax File Number (TFN) as provided for under Part VA, Division 2 of the Income Tax Assessment Act 1936
• registering entities for Goods and Services Tax (GST) including Fuel Tax Credit (FTC), Luxury Car Tax (LCT) and Wine Equalisation Tax (WET) purposes, as provided for under Part 2-5 or Division 54 of the A New Tax System (Goods and Services Tax) Act 1999
• registering Pay As You Go (PAYG) withholders as provided for under Part 2-5, Subdivision 16-BA in Schedule 1 to the Taxation Administration Act 1953

or under any amendment or replacement of these provisions as these amendments or replacements relate to the area of service, subject to the legislation as referenced above.

A tax agent service that specifically relates to income, deductions and tax offsets for research and development (R&D) activities under Part 3-45, Division 355 of the Income Tax Assessment Act 1997, and associated legislation (including any amendment to, or replacement of, these legislative provisions specifically relating to R&D activities).

A tax agent service that specifically relates to one or more of the following:

• pay as you go (PAYG) withholding or instalments governed by Part 2-5 and Part 2-10 in Schedule 1 to the Taxation Administration Act 1953
• superannuation guarantee charge governed by the Superannuation Guarantee (Administration) Act 1992 and associated legislation
• quoting tax file numbers (TFN) governed by Part VA, Division 3 of the Income Tax Assessment Act 1936
• part 2-40 of the Income Tax Assessment Act 1997 relating to rules affecting employees and other taxpayers receiving PAYG withholding payments, including employment termination payments
• Division 83A of the Income Tax Assessment Act 1997 relating to employee share schemes and associated legislation
• assessment, collection and recovery of fringe benefits tax governed by Part VII of the Fringe Benefits Tax Assessment Act 1986 and associated legislation

including any amendment to, or replacement of, these legislative provisions specifically relating to the above subject matters or salary packaging services.

A tax agent service that specifically relates to:

• installing, configuring and providing instruction, training or support in the use of accounting software
• providing and analysing reports or other documents generated by the use of accounting software.

A tax agent service that specifically relates to one or more of the following:

• strata – BAS – preparing and lodging BAS or Instalment Activity Statements (IAS) for the body corporate/owners corporation of a complex subject to a strata/unit or community title
• strata – tax – preparing and lodging income tax returns for the body corporate/owners corporation of a complex subject to a strata/unit or community title.

A tax agent service that specifically relates to the subject area of superannuation, including advising on and preparing and lodging self-managed superannuation fund annual returns and activity statements.

A tax (financial) advice service is a tax agent service (excluding representations to the Commissioner of Taxation) provided in the course of giving advice of a kind usually given by a financial services licensee or a representative of a financial services licensee. It involves ascertaining or advising about liabilities, obligations or entitlements that arise, or could arise, under a taxation law, and is provided in circumstances where it can reasonably expected to be relied upon by the client for tax purposes.

A tax agent service that specifically relates to preparing and lodging individual and partnership income tax returns, including variations.

A tax agent service that specifically relates to the subject area of transfer pricing.

A tax agent service that specifically relates to one or more of the following:

• margin scheme – the margin scheme governed by Part 4-2, Division 75 of the A New Tax System (Goods and Services Tax) Act 1999
• depreciating assets – depreciating assets under the capital allowance system governed by Division 40 of the Income Tax Assessment Act 1997
• consolidation valuation – group consolidation and the valuation of assets of consolidated groups governed by Part 3-90 of the Income Tax Assessment Act 1997
• input tax credits – the interaction between the capital allowance system and Goods and Services Tax (GST) governed by Subdivision 27-B of the Income Tax Assessment Act 1997
• superannuation valuation – valuation of superannuation benefits governed by Subdivision 307-D of the Income Tax Assessment (1997 Act) Regulations 2001

including any amendment to, or replacement of, these legislative provisions specifically relating to the above subject matters or valuation services.