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)

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you know, or ought reasonably to know, that:

(i) the entity is not a registered tax agent or BAS agent but was previously a registered tax agent or BAS agent; 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.

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50-25(1A)
(Repealed by No 115 of 2021)

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History

S 50-25(1A) repealed by No 115 of 2021, s 3 and Sch 1 item 119, effective 1 January 2022. For application and transitional provisions, see note under Subdiv 50-AA heading. S 50-25(1A) formerly read:

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.

S 50-25(1A) inserted by No 120 of 2013, s 3 and Sch 1 item 29, effective 1 July 2014. For transitional provisions, see note under s 20-5(1) .

50-25(2)

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Subsection (1) does 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.

View history note

50-25(3)
Subsection (1) does not apply if:

(a) the entity is a *disqualified entity; and

(b) the Board has given you approval under section 45-5 to employ, or use the services of, the disqualified entity to provide *tax agent services on your behalf.

View history note

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