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

Insert:

(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).