Your Rights and Obligations
Tax Agent Services in Australia
Tax agent services in Australia are regulated by the Tax Agent Services Act 2009 under the oversight of the Tax Practitioners Board (TPB). This legislation governs the registration and service quality of tax agents, ensuring protection for taxpayers in their interactions with tax professionals.
The Act includes a Code of Professional Conduct (the Code) that outlines the standards and obligations tax practitioners must follow. One key obligation is to inform clients about their rights and responsibilities related to tax agent services and their decision to engage a registered tax practitioner. This page provides that information to ensure compliance with the Code and to keep you informed.
Verifying Your Tax Practitioner
Under section 45 of the Tax Agent Services (Code of Professional Conduct) Determination 2024, we advise the following:
- The TPB maintains a public register of tax agents, which you can access at https://www.tpb.gov.au/finding-and-using-tax-practitioner. Use this register to verify your tax practitioner’s credentials and ensure they are registered and in good standing.
- You can find us by searching Registered Agent Number 26015551 on the TPB register.
- If you are dissatisfied with our services, you can raise a complaint with us. If the outcome is unsatisfactory, the TPB offers a complaints process, detailed at https://www.tpb.gov.au/complaints.
Your Rights as a Taxpayer
When using a tax agent’s services, you have the following rights:
- Request a private binding ruling from the Australian Taxation Office (ATO) to clarify the tax implications of any proposed transaction.
- Object to an ATO assessment and, if unsuccessful, appeal to a Court or Tribunal. In some cases, the ATO may contribute to litigation costs under its test case program.
- Amend your tax returns within the relevant statutory periods.
Under the ATO’s Taxpayers’ Charter, the ATO commits to:
- Treating you fairly and reasonably.
- Assuming your honesty in tax affairs unless proven otherwise.
- Providing professional assistance to help you meet your tax obligations.
- Respecting your privacy and keeping your information confidential in accordance with the law.
- Offering reliable advice and clear explanations of decisions.
- Respecting your right to a review or to make a complaint.
- Minimising your compliance costs.
- Being accountable for its actions.
- Supporting you during vulnerabilities and crises.
- Ensuring cybersecurity for your digital data.
The ATO expects you to:
- Be honest, truthful, and act with integrity.
- Keep records as required by law.
- Take reasonable care to comply with tax laws.
- Lodge and pay by the due dates.
- Cooperate and respond to reasonable requests in a timely manner.
Safe Harbour Provisions
Taxpayers can benefit from “safe harbour” provisions under the Taxation Administration Act 1953, which protect against administrative penalties for incorrect or late tax return lodgments. To qualify, you must provide your tax agent with all relevant tax information in a timely manner. Failure to do so may prevent you from accessing these protections. We encourage you to provide all necessary information and documentation promptly, both voluntarily and in response to our queries.
Our Obligations as Your Tax Agent
As registered tax agents, we are committed to:
- Acting honestly and with integrity.
- Providing competent and lawful services in your best interests.
- Exercising reasonable care in all matters.
- Maintaining confidentiality and addressing any conflicts of interest.
- Keeping you informed about significant matters, such as conditions on our registration or certain prescribed events within the last five years.
In accordance with Paragraph 45(1)(d) of the Tax Agent Services (Code of Professional Conduct) Determination 2024:
- No matters requiring disclosure have occurred.
- No applicable events or matters need to be disclosed.
We are prohibited from making or permitting false or misleading statements to the TPB, ATO, or other government agencies. If such statements are made, we are required to take reasonable steps to correct them, which may involve withdrawing from our professional relationship with you or notifying the ATO or TPB.
Engagement Letters and Terms
As recommended by our professional body, Chartered Accountants Australia and New Zealand (CAANZ), we provide an engagement letter when delivering services. This letter outlines our terms and conditions and complements the information on this page. Both documents are equally applicable to our professional relationship with you.
Additional engagement terms include:
- We may request you to sign a fee authority, allowing the ATO to pay your tax refund into our trust account. We will deduct our fee (including GST) before transferring the remaining amount to you.
- If requested by the ATO, we are required to provide information about your tax matters.
How Our Fees Are Calculated
Our fees reflect the market value of the services provided, based on:
- The complexity and depth of tax principles involved.
- Whether the matter is mainstream or specialised.
- The level of staff required to deliver the service.
- The time taken to complete the service.
- Your efficiency in providing required information.
- The efficiency of third parties in supplying necessary information.
The Self-Assessment System and Amending Tax Returns
Australia’s self-assessment system means that tax assessments are based on the information in your tax return at the time of lodgment. Returns are not initially reviewed but may be examined later within statutory time periods. If errors are found, returns can be amended, and penalties may apply.
- Amendment Periods: Statutory time limits vary, with no limit for cases involving fraud or evasion.
- GST Returns: For goods and services tax (via business activity statements), a four-year review period applies, after which outstanding tax or additional input tax credits cannot be claimed.
For details on ATO penalties, visit https://www.ato.gov.au/individuals-and-families/paying-the-ato/interest-and-penalties/penalties.
Record-Keeping Requirements
The ATO expects you to maintain accurate records in accordance with tax laws. For guidance, see:
- Overview of Record-Keeping Rules for Business
- Index: Record-Keeping for Business
- Records You Need to Keep (Individuals)
Contact Us
For more information or to engage our tax agent services, please contact us. We are committed to helping you navigate your tax obligations with confidence and compliance.