7 May 2007

Tax Agent Services - Release of Exposure Draft Legislation

The Minister for Revenue and Assistant Treasurer, Peter Dutton, today released the draft Tax Laws Amendment (Tax Agent Services) Bill 2007 and associated draft Tax Administration Amendment Regulations, along with relevant explanatory materials, for public consultation and comment.

“The draft Bill and Regulations will improve the registration and regulation of tax practitioners, providing benefits for both providers of tax agent services and people who use these services,” Mr Dutton said.  “Tax practitioners will benefit from increased consistency in registration and appropriate, but flexible, regulation.”

“Taxpayers who use tax practitioners will be given greater certainty and protection. These reforms will improve the standard of services provided by tax practitioners across the country,” Mr Dutton said 

The key features of the Bill and Regulations are:

  • the establishment of a national Tax Practitioners Board, replacing the existing State‑based Boards;
  • a legislated Code of Professional Conduct that governs the provision of tax agent services; a wider range of disciplinary sanctions available to the new Board, including a civil penalty for certain serious misconduct by tax practitioners;
  • registration and regulation of Business Activity Statement (BAS) service providers; and
  • a ‘safe harbour’ for taxpayers from tax shortfall penalties for making false or misleading statements, where a taxpayer demonstrates that they have taken reasonable care by engaging a registered tax practitioner and providing the tax practitioner with all relevant taxation information.

Mr Dutton said “The package demonstrates the Howard Government’s commitment to providing protection and certainty for taxpayers, ensuring the integrity of the tax system and the tax practitioner industry. The draft Bill and Regulations have been developed following extensive consultation with tax professional associations.”

The Government is seeking submissions from interested parties on the provisions of the draft Bill, Regulations and associated explanatory materials.  Copies of the consultation materials are available from the Treasury website http://www.treasury.gov.au.  They can also be obtained from the project team, telephone 02 6263 3356.

Written comments on the consultation materials should be sent by 13 July 2007 and may be submitted by mail, facsimile or email to:

General Manager
Tax System Review Division
The Treasury
Langton Crescent
PARKES  ACT  2600