Tax Agent Services Act 2009
[ CCH Note: Pt 5 heading will be substituted by No 86 of 2026, s 3 and Sch 1 item 48, applicable in relation to conduct engaged in on or after 1 October 2026. The heading will read:
]Part 5 - Enforcement
You contravene this subsection if: (a) you advertise that you will provide a * tax agent service; and (b) the tax agent service is not a * BAS service or a * tax (financial) advice service; and (c) you are not a * registered tax agent; and (d) if the tax agent service would be provided as a legal service - either:
(i) you are prohibited, under a * State law or * Territory law that regulates legal practice and the provision of legal services, from providing that tax agent service; or
(e) if the tax agent service would be provided on a voluntary basis - you would not provide the service under a scheme that the Commissioner has, by notifiable instrument, approved for the purposes of this paragraph.
(ii) subject to subsection (3) , the service would consist of preparing, or lodging, a return or a statement in the nature of a return; and
Civil penalty:
Note:
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.
[ CCH Note: S 50-10(1) will be amended by No 86 of 2026, s 3 and Sch 1 item 63, by substituting the penalty, applicable in relation to conduct engaged in on or after 1 October 2026. The penalty will read:
Civil penalty:
(a) for an individual - 2,500 penalty units; and (b) for a body corporate - 50,000 penalty units.
No 86 of 2026, s 3 and Sch 1 item 71 contains the following savings provision:
71 Savings
71
An instrument made for the purposes of paragraph
50-10(1)(e)
or
(2)(e)
of the
Tax Agent Services Act 2009
that was in force immediately before the commencement of this Schedule continues in force (and may be dealt with) as if it had been made under section
70-53
of that Act as inserted by this Schedule.
50-10(2)
You contravene this subsection if: (a) you advertise that you will provide a * BAS service; and (b) you are not a * registered tax agent or BAS agent; and (c) if the BAS service would be provided as a legal service - either:
(i) you are prohibited, under a * State law or * Territory law that regulates legal practice and the provision of legal services, from providing that BAS service; or
(d) if the BAS service relates to imports or exports to which an * indirect tax law applies - you are not a customs broker licensed under Part XI of the Customs Act 1901 ; and (e) if the BAS service would be provided on a voluntary basis - you would not provide the service under a scheme that the Commissioner has, by notifiable instrument, approved for the purposes of this paragraph.
(ii) subject to subsection (4) , the service would consist of preparing, or lodging, a return or a statement in the nature of a return; and
Civil penalty:
Note:
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.
[ CCH Note: S 50-10(2) will be amended by No 86 of 2026, s 3 and Sch 1 item 63, by substituting the penalty, applicable in relation to conduct engaged in on or after 1 October 2026. For savings provision, see note under s 50-10(1) . The penalty will read:
]
Civil penalty:
(a) for an individual - 2,500 penalty units; and (b) for a body corporate - 50,000 penalty units.
50-10(2A)
(Repealed by No 115 of 2021)
50-10(3)
Subparagraph (1)(d)(ii) does not apply if you would provide the * tax agent service as a legal service in the course of acting for a trust or deceased estate as trustee or * legal personal representative.
50-10(4)
Subparagraph (2)(c)(ii) does not apply if you would provide the * BAS service as a legal service in the course of acting for a trust or deceased estate as trustee or * legal personal representative.
50-10(4A)
If you wish to rely on subsection (3) or (4) in civil penalty proceedings, you bear an * evidential burden in relation to that matter.
50-10(5)
(Repealed by No 64 of 2020)
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