Tax Agent Services Act 2009

PART 4A - DISQUALIFIED ENTITIES  

Division 45 - Disqualified entities  

SECTION 45-20   Transitional obligation to give notice if you are a disqualified entity at the commencement of this section  

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.

45-20(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

45-20(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.