Commonwealth Consolidated Acts

TAX AGENT SERVICES ACT 2009 - SECT 45.20

  (1)   If:

  (a)   immediately before the day this section commences a * registered tax agent or BAS agent employs you, or uses your services, to provide * tax agent services on the registered tax agent or BAS agent's behalf; and

  (b)   at the start of the day this section commences you are a * disqualified entity; and

  (c)   immediately before the day that is 12 months after the day this section commences the registered tax agent or BAS agent employs you, or uses your services, to provide tax agent services on the registered tax agent or BAS agent's behalf; and

  (d)   you have not already notified the registered tax agent or BAS agent under section   45 - 10 or 45 - 15 that you are a disqualified entity;

you must notify the registered tax agent or BAS agent, in writing, that you are a disqualified entity. You must give the notice within 30 days of the day that is 12 months after the day this section commences.

  (2)   If:

  (a)   immediately before the day this section commences there is an * arrangement in force between you and a * registered tax agent or BAS agent in connection with the provision of * tax agent services by the registered tax agent or BAS agent; and

  (b)   at the start of the day this section commences you are a * disqualified entity; and

  (c)   immediately before the day that is 12 months after the day this section commences there is an arrangement in force between you and the registered tax agent or BAS agent in connection with the provision of tax agent services by the registered tax agent or BAS agent; and

  (d)   you have not already notified the registered tax agent or BAS agent under section   45 - 10 or 45 - 15 that you are a disqualified entity;

you must notify the registered tax agent or BAS agent, in writing, that you are a disqualified entity. You must give the notice within 30 days of the day that is 12 months after the day this section commences.

Civil penalty

  (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.

Table of Subdivisions

50 - A   Conduct that is prohibited without registration

50 - AA   Conduct that relates to tax (financial) advice services

50 - B   Other civil penalties

50 - C   Obtaining an order for a civil penalty