Tax Agent Services Act 2009


Division 50 - Civil penalties  

Subdivision 50-B - Other civil penalties  

SECTION 50-20   50-20   Making false or misleading statements  
You contravene this section if:

(a) you are a * registered tax agent or BAS agent; and

(b) you:

(i) make a statement to the Commissioner; or

(ii) prepare a statement that you know, or ought reasonably to know, is likely to be made to the Commissioner by an entity; or

(iii) permit or direct an entity to do a thing mentioned in subparagraph (i) or (ii); and

(c) you know, or are reckless as to whether, the statement:

(i) is false, incorrect or misleading in a material particular; or

(ii) omits any matter or thing without which the statement is misleading in a material respect.

Civil penalty:

  • (a) for an individual - 250 penalty units; and
  • (b) for a body corporate - 1,250 penalty units.
  • Note 1:

    Subdivision 50-C of this Act and Subdivision 298-B of Schedule 1 to the Taxation Administration Act 1953 determine the procedure for obtaining a civil penalty order against you.

    Note 2:

    In some circumstances, it is an offence to recklessly make a false or misleading statement under sections 8K and 8N of the Taxation Administration Act 1953 .

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