Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 (114 of 2009)
Schedule 1 Amendments
Part 1 Consequential amendments
Taxation Administration Act 1953
23 After subsection 284-75(1) in Schedule 1
(1A) However, you are not liable to an administrative penalty under subsection (1) if:
(a) you engage a *registered tax agent or BAS agent; and
(b) you give the registered tax agent or BAS agent all relevant taxation information; and
(c) the registered tax agent or BAS agent makes the statement; and
(d) the statement results in a *shortfall amount; and
(e) the shortfall amount did not result from:
(i) intentional disregard by the registered tax agent or BAS agent of a *taxation law; or
(ii) recklessness by the agent as to the operation of a taxation law.
(1B) If you wish to rely on subsection (1A), you bear an evidential burden in relation to paragraph (1A)(b).