The Board Conduct Committee (BCC) found a tax agent had breached 9 of the 14 items of the Code of Professional Conduct (Code). The tax agent also failed to be a fit and proper person and did not meet the ongoing registration requirement to maintain professional indemnity (PI) insurance.

The BCC determined the agent breached Code items 1 and 2 for:

• making false statements in an annual declaration and renewal application, when they stated they did not have outstanding taxation obligations

• failing to lodge personal and partnership income tax returns (ITR) and 16 business activity statements for themselves and 35 for their partnership by the due dates.

The agent breached Code items 7, 9, 10 and 12 for lodging ITRs on behalf of clients in which deduction were overclaimed or incorrect. They failed to:

• ensure tax agent services were provided competently

• take reasonable care to ascertain the state of clients’ affairs and apply the taxation laws to their circumstances

• advise clients of their rights and obligations.

The tax agent was also found to have breached Code item 8, as they had failed to demonstrate that they met the continuing professional education requirements in the last 5 years and Code item 13 for failing to maintain PI insurance. In addition, they breached Code item 14 for failing to respond to requests from the Board during its enquiries and investigation.

Based on the above conduct, the BCC found the agent had ceased to be a fit and proper person and terminated their registration with a 2-year ban.