Tax Agent Services Act 2009

PART 5 - CIVIL PENALTIES  

Division 50 - Civil penalties  

Subdivision 50-B - Other civil penalties  

SECTION 50-25   Employing or using the services of deregistered entities  

50-25(1)  
You contravene this subsection if:

(a)  you are a * registered tax agent or BAS agent; and

(b)  you employ or use the services of an entity to provide * tax agent services on your behalf; and

(c)  

you know, or ought reasonably to know, that:

(i) the entity is not a registered tax agent, BAS agent or tax (financial) adviser but was previously a registered tax agent, BAS agent or tax (financial) adviser; and

(ii) the entity ' s registration was terminated within the period of 1 year before you first employed, or first used the services of, the entity.

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 of Schedule 1 to the Taxation Administration Act 1953 determine the procedure for obtaining a civil penalty order against you.

    50-25(1A)  


    You contravene this subsection if:

    (a)  you are a *registered tax (financial) adviser; and

    (b)  you employ or use the services of an entity to provide *tax (financial) advice services on your behalf; and

    (c)  you know, or ought reasonably to know, that:


    (i) the entity is not a registered tax (financial) adviser but was previously a registered tax (financial) adviser; or

    (ii) the entity is not a registered tax (financial) adviser but was previously a *registered tax agent; or

    (iii) the entity is not a registered tax agent but was previously a registered tax agent; or

    (iv) the entity is not a registered tax agent but was previously a registered tax (financial) adviser; and

    (d)  you know, or ought reasonably to know, that the entity ' s registration was terminated within the period of 1 year before you first employed, or first used the services of, the entity.

    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.

    50-25(2)  


    Subsections (1) and (1A) do not apply if the entity ' s registration was terminated:

    (a)  because:


    (i) the entity surrendered their registration; or

    (ii) the entity became an undischarged bankrupt or went into external administration; or

    (b)  because of a reason prescribed by the regulations.


     

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