Tax Agent Services Act 2009

PART 2 - REGISTRATION  

Division 20 - Registration  

Subdivision 20-A - Eligibility for registration  

SECTION 20-5   Eligibility for registration as registered tax agent or BAS agent  
Individuals

20-5(1)    


An individual, aged 18 years or more, is eligible for registration as a * registered tax agent or BAS agent if the Board is satisfied that:

(a)    the individual is a fit and proper person; and

(b)    the individual meets the requirements prescribed by the regulations (including, but not limited to, requirements relating to qualifications and experience) in respect of registration as a registered tax agent or BAS agent; and

(c)    

in the case of registration which is not a renewal - the individual maintains, or will be able to maintain, professional indemnity insurance that meets the Board ' s requirements; and

(d)    

in the case of a renewal of registration - the individual:

(i) maintains, at the time of applying for registration, professional indemnity insurance that meets the Board ' s requirements; and

(ii) has completed continuing professional education that meets the Board ' s requirements.
Note 1:

An individual in the capacity of trustee of a trust can be registered: see section 70-15 .

Note 2:

Subsection (4) provides for an exception to paragraph (1)(b) for pre-1988 tax agents and nominees.



Partnerships

20-5(2)    


A partnership is eligible for registration as a * registered tax agent or BAS agent if the Board is satisfied that:

(a)    each partner who is an individual is:


(i) aged 18 years or more; and

(ii) a fit and proper person; and

(b)    if a company is a partner:


(i) each director of the company is a fit and proper person; and

(ii) the company is not under external administration; and

(iii) the company has not been convicted of a * serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and

(c)    

the partnership has:

(i) in the case of registration as a * registered tax agent - a sufficient number of individuals, being registered tax agents, to provide * tax agent services to a competent standard, and to carry out supervisory arrangements; or

(ii) in the case of registration as a * registered BAS agent - a sufficient number of individuals, being registered tax agents or BAS agents, to provide * BAS services to a competent standard, and to carry out supervisory arrangements; and

(iii) (Repealed by No 115 of 2021)

(d)    

in the case of registration which is not a renewal - the partnership maintains, or will be able to maintain, professional indemnity insurance that meets the Board ' s requirements; and

(e)    

in the case of a renewal of registration - the partnership maintains, at the time of applying for registration, professional indemnity insurance that meets the Board ' s requirements.

Companies

20-5(3)    


A company is eligible for registration as a * registered tax agent or BAS agent if the Board is satisfied that:

(a)    each director of the company is a fit and proper person; and

(b)    the company is not under external administration; and

(c)    the company has not been convicted of a * serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and

(d)    

the company has:

(i) in the case of registration as a * registered tax agent - a sufficient number of individuals, being registered tax agents, to provide * tax agent services to a competent standard and to carry out supervisory arrangements; or

(ii) in the case of registration as a * registered BAS agent - a sufficient number of individuals, being registered tax agents or BAS agents, to provide * BAS services to a competent standard, and to carry out supervisory arrangements; and

(iii) (Repealed by No 115 of 2021)

(e)    

in the case of registration which is not a renewal - the company maintains, or will be able to maintain, professional indemnity insurance that meets the Board ' s requirements; and

(f)    

in the case of a renewal of registration - the company maintains, at the time of applying for registration, professional indemnity insurance that meets the Board ' s requirements.
Note:

A company in the capacity of trustee of a trust can be registered: see section 70-15 .



Special rule about pre-1988 tax agents

20-5(4)    
An individual is eligible for registration as a * registered tax agent even if the Board is not satisfied that the individual satisfies the requirements mentioned in paragraph (1)(b) if:

(a)    

the individual was registered as a tax agent or as a nominee for the purposes of Part VIIA of the Income Tax Assessment Act 1936 (as in force immediately before the commencement of item 7 of Schedule 1 to the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 ) at both of the following times:

(i) immediately before the commencement of this Act;

(ii) immediately before the commencement of section 39 of the Taxation Laws Amendment Act (No. 2) 1988 ; and

(b)    the individual is otherwise eligible for registration as a registered tax agent.





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