Tax Agent

Issued: 6 May 2021

Last modified: 6 May 2021

Date of decision: 18 February 2021

A tax agent claimed over $700,000 in tax refunds by lodging fraudulent tax returns and business activity statements (BAS) for 20 clients since 2013.  

Our investigations, following a complaint, showed the tax agent had reported false amounts in the clients’ tax returns and BAS from 2013 to 2020. The amounts he reported were different to what he had advised these clients, resulting in tax refunds. The agent claimed these refunds in his personal bank account. The clients were unaware of the agent’s dishonest conduct.

The tax agent admitted, when responding to our enquiries, that he reported false amounts other than what the clients had authorised in order to claim tax refunds for his own benefit.

The Board Conduct Committee (BCC) found that the tax agent’s conduct clearly showed a lack of honesty and integrity, and it was deliberate to gain personal financial benefit.

The BCC noted the serious and extended nature of the agent’s conduct. The BCC viewed that the agent posed a significant risk to the public if he continued to be registered.

The BCC determined that the agent had breached the Code of Professional Conduct and ceased to be a fit and proper person to be registered. Accordingly, the BCC decided to terminate the tax agent’s registration and impose a ban of two years on the agent from applying for registration.  

In making this decision, the BCC considered the agent’s personal circumstances and noted that, in the absence of those matters, it would have considered imposing a non-application period greater than two years.