All registered tax practitioners must comply with the Tax Agent Services Act 2009 (TASA), including the Code of Professional Conduct (Code) and the civil penalties provisions. We consider allegations that a tax practitioner has failed to comply with the TASA very seriously.

If we receive a complaint that a tax practitioner is suspected of failing to comply with the TASA including the Code, we will look into the matter further by making preliminary enquiries. Where we consider it appropriate, we will initiate a formal investigation.

If we find that a tax practitioner has failed to comply with the TASA we may impose one or more administrative sanctions or seek a Court imposed civil penalty. Administrative sanctions for breach of the Code can include:

The severity of a sanction depends on the nature and extent of the breach and the individual circumstances of each case.

If an administrative sanction is imposed (other than a written caution), details of the sanction are listed against the tax practitioner on the TPB Register.

Civil penalties

There are a number of civil penalty provisions in the TASA relating to certain conduct of registered tax practitioners, and certain activities of those who are acting as unregistered tax practitioners.

The Federal Court has the power to impose penalties of up to $78,250 for individuals and $391,250 for corporations for each breach.