Fringe Benefits Tax Assessment Act 1986
View history note
Hide history notePart IX repealed by No 114 of 2009, s 3 and Sch 1 item 3, effective 1 March 2010.
(Repealed by No 114 of 2009)
S 121 repealed by No 114 of 2009, s 3 and Sch 1 item 3, effective 1 March 2010. S 121 formerly read:
Penalty: 10 penalty units. S 121(1) amended by
No 143 of 2007
, s 3 and Sch 7 item 104, by substituting
"
10 penalty units
"
for
"
$1,000
"
in the penalty, effective 24 September 2007. Penalty: 10 penalty units. S 121(2) amended by
No 143 of 2007
, s 3 and Sch 7 item 104, by substituting
"
10 penalty units
"
for
"
$1,000
"
in the penalty, effective 24 September 2007. S 121(2) amended by No 146 of 2001. A defendant bears an evidential burden in relation to the matters in subsection (2A), see subsection
13.3(3)
of the
Criminal Code
.
SECTION 121 PREPARATION OF RETURNS ETC. ON BEHALF OF REGISTERED TAX AGENTS
121(1)
A registered tax agent shall not allow any person, not being his or her employee, a registered tax agent or, in the case of a partnership which is registered as a tax agent, a member of that partnership:
(a)
to prepare on the registered tax agent
'
s behalf, either directly or indirectly, a fringe benefits tax return or objection; or
(b)
to conduct on the registered tax agent
'
s behalf, either directly or indirectly, any business relating to any fringe benefits tax return or objection or fringe benefits tax matter.
121(2)
A partnership or company that is registered as a tax agent shall not allow any person to do anything specified in paragraph (1)(a) or (b).
121(2A)
Subsection (2) does not apply to the extent that the person does the thing under the supervision and control of a person who is a registered nominee of the partnership or company for the purposes of Part
VIIA
of the
Income Tax Assessment Act 1936
.
Note:
S 121(2A), (2B) and (2C) substituted for s 121(2A) by No 146 of 2001.
S 121(2A) inserted by No 78 of 1988.
121(2B)
A natural person who is registered as a tax agent must not allow any person to do anything specified in paragraph (1)(a) or (b).
Penalty: 10 penalty units.
S 121(2B) amended by No 143 of 2007 , s 3 and Sch 7 item 104, by substituting " 10 penalty units " for " $1,000 " in the penalty, effective 24 September 2007.
S 121(2A), (2B) and (2C) substituted for s 121(2A) by No 146 of 2001.
121(2C)
Subsection (2B) does not apply to the extent that the person does the thing under the supervision and control of:
(a) the tax agent; or
(b) a person who is a registered nominee of the tax agent for the purposes of Part VIIA of the Income Tax Assessment Act 1936 .
Note:
A defendant bears an evidential burden in relation to the matters in subsection (2C), see subsection 13.3(3) of the Criminal Code .
S 121(2A), (2B) and (2C) substituted for s 121(2A) by No 146 of 2001.
121(3)
Nothing in this section shall be construed as prohibiting the employment by a registered tax agent of a solicitor or counsel to act in the course of his or her profession in the preparation of any objection or in any litigation or proceedings before a board, a court or the Tribunal, or in an advisory capacity either in connection with the preparation of any fringe benefits tax return or the conduct of any such business as is referred to in paragraph (1)(b).
S 121(3) amended by No 48 of 1986.
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