Tax Agent Services Act 2009

PART 4A - DISQUALIFIED ENTITIES  

Division 45 - Disqualified entities  

SECTION 45-10   Obligation to give notice if you are a disqualified entity  

45-10(1)    
If:

(a)    you are a *disqualified entity; and

(b)    you are seeking to provide *tax agent services on behalf of a *registered tax agent or BAS agent;

you must notify the registered tax agent or BAS agent, in writing, that you are a disqualified entity before the registered tax agent or BAS agent:

(c)    enters into a contract to employ you, or use your services, to provide tax agent services on the registered tax agent or BAS agent ' s behalf; or

(d)    renews such a contract; or

(e)    agrees to extend such a contract.

45-10(2)    
If:

(a)    you are a *disqualified entity; and

(b)    you are seeking to enter into an *arrangement with a *registered tax agent or BAS agent in connection with the provision of tax agent services by the registered tax agent or BAS agent;

you must notify the registered tax agent or BAS agent, in writing, that you are a disqualified entity before the registered tax agent or BAS agent:

(c)    enters into an arrangement with you in connection with the provision of tax agent services by the registered tax agent or BAS agent; or

(d)    renews such an arrangement; or

(e)    agrees to extend such an arrangement.

Civil penalty

45-10(3)    
You contravene this subsection if you fail to give a notice in accordance with subsection (1) or (2) .

Civil penalty:

(a) for an individual - 250 penalty units; and

(b) for a body corporate - 1,250 penalty units.

Note:

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