Issued: 21 March 2024
Last modified: 24 April 2024
Join our Board and team for an open session where you ask us the questions in relation to your obligations as a registered tax practitioner. We’ll answer questions about registration, compliance, policy, legislative reform and IT.
Resources
Webinar recording
Questions at the coalface webinar recording
Questions and answers
We have compiled some of the questions we received during our webinar.
Registration
Am I required to be an Australian resident to be registered as a tax agent?
No, you don’t need to be a permanent resident to be registered with us as long as you meet the registration requirements, including qualifications and experience. You will also need to satisfy our proof of identity check.
What additional experience and qualifications do I need to be registered as a tax agent if I’m already a registered BAS agent?
To become a registered tax agent, you must satisfy one of 6 qualifications and experience options outlined in the Tax Agent Services Regulations 2022 (TASR) (items 201 to 206) depending on your qualifications and experience. See our handy table that summarises the requirements.
Can I provide a tax or BAS agent service without charging a fee?
Yes, you may provide services to a client without charging a fee.
If my client has been convicted of a serious criminal offence, can I act on their behalf?
Yes, the Tax Agent Services Act 2009 (TASA) does not prohibit registered tax practitioners from providing services to clients convicted of a serious criminal offence.
Can a bookkeeping company provide BAS services by employing a registered BAS agent, or does the company needs to be registered?
If you provide tax or BAS agent services for a fee or other reward, you must be registered unless an exemption applies to you.
If you provide tax or BAS agent services through a company (including a trustee company) or partnership, the entity must be registered with us. A company or partnership is also required to have one or more registered individual agents to provide tax or BAS agent services on its behalf and to carry out supervisory arrangements.
For further information on the registration requirements, refer to who needs to register.
Conditional registration
What is conditional registration?
Depending upon your qualifications and experience, you may have a 'condition' imposed on your registration. A condition limits the scope of advice or services you can provide or limits your services to a particular area of taxation law.
If you have qualifications and relevant experience only in particular areas of taxation law, you may still be eligible for a conditional registration (provided all the other registration criteria are met).
For a list of the types of conditions that we have imposed refer to conditions of registration.
Can a supervising tax practitioner hold a conditional registration status?
Yes. However, it should be noted that if you are a registered tax practitioner with a conditional registration you are only able to supervise entities to provide services that you yourself are permitted to perform under the conditions placed on your registration.
Supervision
I am a registered tax agent and would like to supervise someone so that they can obtain relevant experience. What documents/evidence do I need to keep?
If an applicant is relying on experience gained under the supervision and control of a registered tax agent, you as the registered agent must verify the information they have provided in their statement of relevant experience. You must also comment on their ability to provide tax agent or BAS agent services to a competent standard.
You can refer to our information on supervisory arrangements for more detail.
Continuing professional education (CPE)
What 'year' are CPE hours relative to?
Generally, your CPE period will begin on the date you are registered and ends on the date your registration expires.
However, if you are a member of a recognised professional association, you can elect to align your CPE period with the CPE period of your professional association. This means that you can elect to have your CPE period based on a calendar year, financial year or the anniversary of your association membership start date.
Check out our guidance, it provides clarification about the CPE period.
For semi-retired tax practitioners, is there a reduced CPE requirement?
Generally, no there isn’t a reduced CPE requirement for semi-retired tax practitioners. This is because it’s important for tax practitioners who do not work full-time or are semi-retired to still maintain their knowledge and skills to be able to provide competent services to their clients, regardless of the number of hours they work. However, we’ve spread the CPE hours requirement over a 3-year period to provide flexibility and cater for various circumstances of tax practitioners.
Check out our requirements to see what activities you can include as CPE.
Could we use our recognised professional associations CPE record to meet the TPB record keeping requirements?
Yes, your recognised professional association’s CPE records can be used as evidence for TPB record keeping purposes. CPE activities undertaken must:
- be relevant to the tax or BAS agent services you provide
- be provided by persons or organisations with suitable qualifications and/or practical experience in the subject area
- meet our minimum amount of CPE hours.
Do we need to notify the TPB if we are aligning our CPE hours with our recognised professional association?
No, you are not required to notify us.
Can we request additional time to complete the required CPE hours?
If you are experiencing difficulties or have an extenuating circumstance that prevents you from completing the required number of CPE hours you can submit an extenuating circumstances request for relief.
For further information and examples, refer to the extenuating circumstances section in our explanatory paper.
If I exceed the required number of CPE hours in a 3-year period, can I carry them over?
Unfortunately, you are not able to carry over or bank your CPE hours. To ensure relevant knowledge and skills are maintained, a minimum level of relevant CPE is required to be completed each year.
Can I confirm the number of CPE hours required for a R&D conditional tax agent?
A tax practitioner with a research and development (R&D) condition on their registration is required to complete 45 hours of CPE for a 3-year registration, with a minimum of 5 hours each year.
Registration renewal
How do we check when our registration expires?
The easiest way to find your registration expiry date is through the TPB Register. You can also find it by logging into your My Profile account.
Do BAS agents need to work a certain number of hours to renew their registration?
Yes, the amount of relevant experience required for registration or renewal depends on the relevant Regulation item in the TASR. You do not have to complete a SRE form to demonstrate your relevant experience when renewing your registration. However, in the online renewal form you must confirm you meet the required relevant experience to renew your registration.
I was previously a sole trader and I have changed my business structure to a company. Do I need to maintain both my individual and my company registration?
If you register as a company or partnership, you also need to have a sufficient number of registered individuals who carry out supervisory arrangements on behalf of the business. This means your entity must have an adequate number of registered individual tax practitioners to:
- provide tax agent services to a competent standard, and
- carry out supervisory arrangements on behalf of the entity.
For example, if you operate your business through a company, the company will need to be registered and you will either need to be registered as an individual as well, or the company will need to have other registered individuals who can carry out supervisory arrangements on its behalf.
Reporting misconduct
What are our obligations when we take on a new client and identify that the previous tax agent made extensive mistakes in previous lodgements?
We strongly encourage you to make a complaint using our complaints form.
It is also important to be aware that from 1 July 2024 new breach reporting requirements require tax agents to notify us if they have reasonable grounds to believe that another registered tax practitioner has breached the Code and that breach is a significant breach.
In the coming weeks we will be releasing draft guidance on the additional breach reporting obligations for public consultation. We will notify registered tax practitioners when it is released.
If I suspect a client is trading insolvent - what obligation do I have in relation to this?
If you suspect a client is insolvent, we recommend referring them to the Australian Financial Security Authority.
If I suspect that a person is providing tax or BAS agent services without been registered, how do I report them?
If you suspect someone is providing tax agent or BAS services, or advertising the provision of these services, without being registered, please make a complaint via our online complaints form.
When we engage new clients, we issue an ethical clearance letter to the previous tax practitioner. Under the new breach reporting legislation, if we find a breach are we compelled to report this? What security measures will be in place to protect my personal safety?
Under the new breach reporting obligations that come into effect on 1 July 2024, tax practitioners will be required to report significant breaches by other tax practitioners. We will be issuing guidance on the new obligations soon and aim to address some of the concerns tax practitioners may have in this guidance.
Professional indemnity insurance
I understand that tax agents need to update their professional indemnity insurance details online each year. Will there be a change to this process with annual renewal?
There will be no change to this process. You must advise us of your professional indemnity (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.
As an employee of a tax agent company, do I need my own PI insurance?
No, if you do not charge a fee or receive a reward (for example, you are an employee or contractor) you are not required to have your own PI insurance policy in order to meet our requirements. However, if you are an employee or contractor, you will be required to provide us with the name of your employer or principal and their registration number.
Updating personal details
I have recently changed my name, how do I update my TPB profile.
You can use our update legal or practice name form online to make this change.
Importantly, you must notify us within 30 days after you become, or ought to have become, aware of any changes to your registration details.
Disqualified entities (DE)
What is the DE approval form and where can I find this?
There are 2 DE forms available on our website:
- the 'Disqualifying events declaration and consent form’; and
- an online application form, accessed by logging in to My Profile.
The online form is our application form for seeking approval to employ or use a disqualified entity to provide tax agent services on your behalf.
The Disqualifying events declaration and consent form is evidence of you having undertaken due diligence when engaging entities to provide tax agent services on your behalf. It also provides for a disqualified entity’s declaration of consent for you to seek our approval, and their notification in writing to you that they are a disqualified entity.
Cyber security
When it comes to outsourcing arrangement are there cyber security implications to consider?
If you are outsourcing or offshoring, you must take reasonable steps to ensure sufficient IT security controls are in place, for both you and the outsourced service provider.
There are a number of controls that could be employed to assist in maintaining and protecting the confidentiality, integrity and availability of data to ensure that information is not disclosed beyond the scope of your client’s consent, such as an appropriate confidentiality agreement between you and your outsourced provider, or other appropriate protocols, such as:
- use of a secured website and encrypted network traffic
- security credentials
- access controls ensuring unauthorised persons do not have access to data
- standardised reporting
- audit trails
- appropriate segregation of duties
- approval and review of data changes.
Refer to our guidance for more information on outsourcing and offshoring.
Director ID
I have a new client who refuses to apply for a director’s ID. What is my responsibility going forward?
You should explain to your client that company directors are required by law to apply for a director identification number (director ID). It's a criminal offence if directors do not apply on time and penalties may apply. If the client is still reluctant, you should decline to act for them.
The Australian Securities and Investments Commission is responsible for enforcing director ID offences refer to their website for more information.
Client-to-agent linking
What is the client-to-agent linking process?
The client-to-agent linking process was introduced by the ATO to further strengthening the security of their online services to help protect you and your clients against fraud and identity-related theft.
You can refer to the ATO website for me information.