Issued: 17 April 2024
Last modified: 15 May 2024
It’s important for new tax practitioners to understand their ongoing registration obligations. Join this webinar if you are a newly registered tax agent or BAS agent or are returning to the profession after a break and need a refresher.
Resources
Webinar recording
Know your obligations webinar recording
Questions and answers
We have compiled some of the questions we received during our webinar.
Registration and renewal
What’s the distinction between a BAS agent and a tax agent?
Tax agents provide advice and services related to income tax laws and represent entities in their dealings with the Commissioner of taxation. In contrast, BAS agents are permitted to provide services related to BAS provisions and represent entities in their dealings with the Commissioner of taxation in relation to their BAS provisions.
A registered tax agent can provide both tax agent and BAS services if there are no conditions imposed on their registration. A BAS agent can only provide BAS services.
Find out more information on the services tax agents and BAS agents can provide.
Is Australian citizenship a requirement to be registered as a tax practitioner?
No, being an Australian citizen or Australian resident is not a requirement to register as a tax practitioner. Non-residents can apply if they meet the requirements for registration.
With annual registration coming into effect from 1 July 2024, am I able to renew my registration before this date and remain on the 3-year registration cycle?
If you have an upcoming renewal, and you pay and submit the application by midnight 30 June 2024, you will remain registered for 3-years. Just remember, you must apply to renew your registration at least 30 days, but not more than 90 days, before it expires.
Find out more about annual registration.
Do we receive a reminder from the TPB when our registration is about to expire?
We will send you a reminder email and/or an SMS at 70 days and then again at 45 days before your registration expiry date.
You can check your registration expiry date on our Register so you know when your registration is due for renewal.
Can I continue as a tax agent without membership of a professional accounting body?
This will depend on the pathway you have registered under. If you were granted registration under a pathway that requires you to be a voting member of a recognised professional association for example pathway 206, you either have to maintain voting membership of a recognised professional association or satisfy the qualification and experience requirements of another registration pathway.
I just renewed my registration as an individual. If I decide to change to a company structure, what will I need to do?
You will need to lodge a new application for registration for the company. Check out our website for what you need to do to apply for company tax agent or company BAS agent registration. Importantly, a company must have a sufficient number of registered individual tax agents to provide tax agent services and supervision on behalf of the entity.
I have recently renewed my registration and it is showing that my next renewal date is in 2027. Is this correct or will it revert to one year from next year when annual registration commences?
This is correct. Annual registration will not apply to you until you renew in 2027.
Can overseas qualifications be used when applying to become a registered tax practitioner?
We will assess all overseas qualifications in accounting or an equivalent discipline under the Australian Government Department of Education, Skills and Employment guidelines to determine their equivalence to an Australian award. If the overseas qualification is recognised as being equivalent to an Australian award of the appropriate Australian Qualification Framework level, the overseas qualification may be recognised as a primary qualification under the Tax Agent Services Regulations.
For further information refer to qualifications and experience for tax agents and qualifications and experience for BAS agents.
Continuing professional education (CPE)
I am a registered tax agent, and I am currently studying to obtain my chartered accountant's certificate. How many relevant CPE hours can I claim?
Any relevant additional or higher qualification you undertake can count towards your CPE, but you can only count those units or subjects that are relevant to the services you provide or help you provide effective and efficient services to your clients. Generally speaking, if the CPE activity is relevant, you can claim for every hour that you are undertaking the activity.
Are CPE hours calculated per calendar or financial year?
You may elect calendar year, financial year or registration year.
What's the difference between structured and unstructured CPE hours?
Structured CPE includes formal activities, such as conferences, tertiary courses, webinars, and structured training. These activities generally have a clear set of learning objectives. Unstructured CPE activities include relevant technical or professional reading, self-paced audio, visual and computer aided instruction, or group discussions on technical topics.
Is there standard pro-forma to track CPE hours that can be shared?
We have a CPE log that may help you keep track of all your CPE activities.
How long am I required to keep my CPE records?
Records of your CPE should be kept for 5 years from the end of your CPE period. We will require confirmation of CPE completed when you renew your registration. In addition, we may request evidence or confirmation of the CPE activities that you have completed at any time during your registration period.
Professional indemnity (PI) insurance
Does the TPB send a reminder to update professional indemnity insurance details each year?
No, you must advise us of your PI insurance within 14 days of receiving notification of your registration and at the time of applying for renewal.
You must also update your details whenever there is a change in your policy, including every time the policy is renewed. You can update your policy details via My Profile.
Supervisory arrangements
How many registered agents are required to supervise staff?
This is a complex question and will depend on a number of factors. Ultimately, you must use your professional judgement to assess how many registered individual tax practitioners your company or partnership requires to ensure tax agent or BAS services are provided competently and to ensure there are adequate supervisory arrangements in place.
Conflict of interest
What is the TPB’s definition of a conflict of interest and are there any tips to manage potential or perceived conflicts of interest?
A conflict of interest arises when you have a personal interest or a duty to another person (including yourself) which is in conflict with the duty owed to your client in your capacity as a registered tax practitioner.
The Code of Professional Conduct (Code) does not prohibit you from having conflicts of interest. However, you must have adequate arrangements in place to manage any conflicts of interest that may arise relating to the activities that you undertake as a registered tax practitioner. This is item 5 of the Code.
A conflict of interest may be an actual conflict or a potential conflict, and it can arise before you accept an engagement or at any time during the engagement. You have a duty to manage both actual and potential conflicts of interest.
You should use your professional judgment to determine the most appropriate method to identify and manage a particular conflict. A number of mechanisms could be used to manage conflicts of interest.
Fit and proper
What are the consequences of not satisfying the fit and proper person requirement?
If a registered tax practitioner no longer meets the fit and proper requirements, their registration will be terminated.