
Tax Practioner Board (TPB) & your rights & obligations
The provision of tax agent services is governed by the Tax Agent Services Act 2009 (TASA) and the accompanying regulations. Registered tax practitioners must comply with the requirements of the TASA, which includes a
set of ethical and professional standards known as the ‘Code of Professional
Conduct’. General information about theobligations and responsibilities of tax practitioners to their clients is set
out in the attached document, Rights and Obligations of the Parties under the Taxation Laws.The Tax Practitioners Board (TPB) is responsible for the registration and regulation of tax practitioners
and ensuring their compliance with the TASA. As part of this role, the TPB maintains a register of registered,suspended and deregistered tax practitioners that enables the public to ensure
they are engaging the services of a qualified professional. To check that we are registered with the TPB,search the TPB Register at www.tpb.gov.au/public-register using either of the following details:· Flint Advisory Pty Ltd T/AS Flint Accounting & Business Services
· Tax Practitioner’s Registration Number : 26162106
In addition, under the taxation laws, taxpayers who engageregistered tax agents are provided a “safe harbour” from certain penalties that
may be imposed by the Australian Taxation Office (ATO). To qualify for safe harbour protection,taxpayers must provide their tax agent with “all relevant taxation information”
to enable accurate statements to be provided to the ATO. This requirement may be important to bothparties in identifying and understanding the purpose and scope of the
engagement and may also affect other matters discussed below. You will find further discussion on the safeharbour protections in the accompanying document entitled Clients’ rights and obligations under thetaxation laws.We recommend you read this document carefully and contact Michael Sullivan of our office if you have any queries or wishto discuss any aspect of it.
Non-compliance with Laws and Regulations (NOCLAR)
During the performance of our work under this engagement, we may detect conduct or a transaction that is
considered to constitute NOCLAR, which has a material effect on any documents
or information that might be required to be provided to a regulatory authority
(RA), such as the ATO.If we detect any NOCLAR, we may have a professional requirement to make a disclosure to a RA. We will follow a formal process which will include advising you of our concerns and, if necessary, seeking legal advice. If we do seek legal advice, we reserve theright to ask you to pay or reimburse us for our reasonable costs.
If we are required to make a disclosure to a RA, you agree to forever release us from any claim for costs or losses you incur in
responding to or dealing with anything that arises from our disclosure.Complaints
If you have a complaint about our services, we ask thatyou contact Michael Sullivan on (08)97546195 or admin@flintaccounting.com.au of our office. We will work with you to help resolve your complaint as quickly as possible.
If we cannot resolve the issue or you are not satisfied with how your complaint is being handled by us or with the outcome, you may be
able to escalate the matter to the TPB. Complaints to the TPB must be made in writing using its online form,which is available at myprofile.tpb.gov.au/complaints/Note, not all complaints can be acted on by the TPB. For example, if your complaint is about fees,you will be asked to contact Consumer Affairs or the Office of Fair Trading in your State or Territory. However, theTPB may be able to assist if the fee complaint is associated with inappropriate
conduct by our firm.Further details about making complaints to the TPB areavailable at www.tpb.gov.au/complaints
Other prescribed events and matters to be aware of
We are required to advise if certain prescribed events have occurred within the last five years (but not
before 1 July 2022). This will enable each client in the Group to make a fully informed decision on whether to engage
or re-engage Flint Advisory Pty Ltd T/as Flint Accounting & Business Services to provide tax agent services.(a) We advise there are currently no matters that we are required to report to you and the Group.
We are also required to advise whether the tax or BAS agent registration of Flint Advisory Pty Ltd T/as Flint Accounting
& Business Services is subject to any conditions.(a) There are no conditions attached to our registration.
Rights and obligations of the parties under the taxation laws
Dear Client,
As a client or prospective client of this practice, we are required to advise you of your rights and obligations under the taxation laws in relation to the tax
or BAS agent services we provide to you.It is also important that you understand our obligations as a tax or BAS agent, including to you, under the taxation laws (including the Tax Agent Services Act 2009 and the Code of Professional Conduct contained within that Act) and your obligations to us.
Your rights and obligations under the taxation laws
Set out below is a brief explanation of the main areas of the taxation system you need to understand. If you have any concerns or issues with any of the matters discussed below, please feel free to contact us.
Operation of the self-assessment system
Australia’s tax system operates on a self-assessment basis. This means that when your income tax return, Fringe Benefits Tax (‘FBT’) return or Business Activity Statement (‘BAS’) is lodged, the Australian Taxation Office (‘ATO’) accepts the information provided in the return at face value and issues you with an
assessment notice based on that information.However, this does not mean the assessment is final as the ATO can conduct a review or audit of the information provided in the return
at a later time, subject to the time limits discussed below.Importantly, as a taxpayer, you have an obligation tocomply with the taxation laws. If you do not meet your obligations under the taxation laws, the ATO may impose administrative penalties (fines), apply interest charges, seek criminal prosecutions (in some cases) or initiate debt recovery.
Commissioner’s ability to amend an assessment
While the ATO accepts the information lodged in yourreturn at face value, it can amend the assessment if the ATO finds it to be
incorrect. The following time limits generally apply for amending an assessment:Individuals
· For most individuals, the ATO can amendan assessment within two years after the individual receives theirnotice of assessment. However, if an individual carries on a business and is neither a Small Business Entity (‘SBE’) (broadly, a business with an aggregated turnover of less than $10 million) nor a Medium Business Entity (‘MBE’) (broadly, a business with an aggregated turnover between $10 million and less
than $50 million), then that period extends to four years.· If an individual is a partner in a partnership or a beneficiary of a trust, the amendment period is generally two
years. However, if a partnership ortrust carries on a business and is neitheran SBE nor an MBE, then the amendment period extends to four years.Companies
· The ATO can amend a company assessment within two years after a notice of assessment is deemed to have been made where the company is either an SBE or an MBE.
· If the company is a partner in a partnership or a beneficiary of a trust, the amendment period is two
years. However, if the partnership carries on a business and is neither an SBE nor an MBE, that period extends to four years. If the trust is neither an SBE nor an MBE, the amendment period also extends to four years.· In most other cases, the amendment period is four years.
Trustees
· The ATO can amend an assessment within two years after the trustee receives the notice of assessment if the trust is either an SBE or an MBE.
· If the trustee is a partner in apartnership or a beneficiary of a trust, the amendment period is two
years.However, if the partnershipcarries on a business and is neitheran SBE nor an MBE, that period extends to four years. If the trust is neither an SBE nor an MBE, the amendment period also extends to four years.
· In most other cases, the amendment period is four years.
If the ATO amends an assessment, this will potentially involve increased taxes, penalties and an interest charge. If you discover an error in the information declared in the return, lower penalties
generally apply for making a voluntary disclosure.Note that there are no time limits onthe ATO amending an assessment where it believes there has been fraud or
evasion.Obligation to keep records
The tax laws specifically require taxpayers to keeprecords that properly explain the transactions they have entered into.
Individuals
Individuals claiming deductions for work-related expenses are subject tothe substantiation rules in the tax laws. These require taxpayers to keep receipts, invoices etc., of the expensesthey incur. Where the expenses relate toa taxpayer travelling interstate or overseas, a travel diary may also need to
be kept. Where the expense relates to amotor vehicle, a record of the journeys taken such as a logbook may need to be
kept.A failure to keep the appropriate records can lead to the ATO denying a particular deduction which may involve the imposition of penalties and
interest. Substantiation records must beretained for five years.Businesses
The tax laws specifically require a taxpayer that carries on a business to keep
documents that record and explain all the transactions they have entered
into. These include all the documents that explain how the income and expenditure of the taxpayer was determined.Where the tax laws allow or require a taxpayer to make a choice, election, estimate
or calculation, documents containing particulars of these matters must be
kept.All these records must be retained for a period of five years. There are penalties for taxpayers who fail to do so.
Obligation to provide complete and accurate records
For our practice to be able to lodge returns on yourbehalf, it is your responsibility to provide us with truthful, complete and
accurate records. Furthermore, in order to lodge your return on time, we will require you to provide us with the
relevant information as and when requested.Where you are unable to provide us with complete and accurate records, we may be
unable to prepare and lodge your return. Tax agents are subject to a Code of Professional Conduct contained in the Tax Agent Services Act 2009, which prevents us from acting for a client where insufficient records or information
exist that allow us to determine the amount of a client’s income or deductions.We also reserve the right to question any claims for deductions or credits that in
our reasonable judgment might be considered as being excessive, and we may ask
for more substantiation or records to prove that such a claim is allowable
under the law.If we believe that a claim is excessive and it cannot be substantiated, we reserve
the right not to include such a claim in your income tax returns or BAS, but
you will have the right to lodge an objection after receiving your notice of
assessment. There may be further costs in doing so, and we will advise you accordingly.Records for clients operating in the cash economy
Due to the ATO’s on-going concerns with dealings in the cash economy, the ATO has a
program of ‘benchmarking’ standardised revenue returns for a wide range of
small businesses.Incircumstances where the ATO is dissatisfied with a taxpayer’s records or
recording systems, it may assess income tax and/or GST on what it considers to
be an appropriate ‘benchmark’ amount (plus penalties and interest). Once this occurs, it is the responsibility ofa taxpayer to demonstrate that the assessment is excessive and identify the
correct tax position. One of the major problems with this outcome is that the onus of proving that the ATO’s
assessment is excessive (i.e., the taxpayer did not earn that much income) is
the responsibility of the taxpayer.Taxpayers who operate in the cash economy are therefore urged to have a robust and
reliable system for recording and reporting all cash transactions and ensuring
that the recorded figures are accurate. If you need assistance in setting up or reviewing your recording andreporting systems, we will be happy to do so and will advise you of our rates for doing so on request.Right to seek a Private Binding Ruling
When preparing your return, we may identify one or more issues that are not clear under the tax laws. Where we have pointed out such issues to you, you have a right to request a Private Binding Ruling from the ATO. The ATO will provide you with a ruling setting out its view on the proper tax treatment of the issue requested in the Private Binding Ruling.
Objecting against an assessment
If the ATO issues you with an assessment that you donot agree with, you have the right to lodge an objection against that
assessment. The objection must be lodgedwith the ATO within either two or four years. The period which applies is determined as discussed above.Where the ATO issues an amended assessment, the periodfor objecting is the greater of:
· 60 days from the time the amendedassessment is received; or
· two or four years (whichever isapplicable) from the time the original assessment was received.
If you remain dissatisfied with the outcome of the objection, you havethe right to have the matter reviewed by the Administrative Review Tribunal or
appeal the matter to the Federal Court.Onus of proof falls on the taxpayer
It is important to be aware that in any disputed assessment before the court or the Administrative Review Tribunal (whether
initiated by the taxpayer or by the ATO), the onus of proof is placed on the taxpayer. In other words, if theCommissioner asserts that your income should include a certain amount or that a deduction claimed in a return is not allowed, it will be up to you to establish
that the Commissioner’s view is incorrect and the correct treatment.Safe harbour protection
As the client of a registered tax agent, under the taxation laws, you have a statutory ‘safe
harbour’ exemption from penalties imposed by the ATO in certain
circumstances.To ensure you are eligible to benefit from the safe harbour, it is arequirement that you provide us with all relevant tax information. This includes any records, or documents werequest from you plus any other information relevant to the preparation of your
tax return. The information provided must be truthful, complete and accurate.It is equally important that you provide us with this information by thetime it is requested to allow the return to be lodged by its due date. The safe harbour from late lodgment penaltiescan also apply where a Business Activity Statement, Instalment Activity Statement, or FBT return is lodged late.
A taxpayer who is eligible for the safe harbour protection will not be subject to any penalties for errors identified in their tax return, although the underlying
tax and interest charges will still apply.Your tax practitioner’s obligations
The Tax Agent Services Act 2009 (‘TASA’), including the Code of Professional Conduct contained within the TASA, provide statutory protections
for taxpayers who engage registered tax practitioners.The Code of Professional Conduct is a set of statutory ethical and professional standards
that registered tax practitioners must comply with.The TASA,including the Code of Professional Conduct, and associated regulations and
determinations are administered by the Tax Practitioners Board (‘TPB’).We are required under the Code of Professional Conduct to provide you with general
information about the obligations that tax practitioners have to their clients
under the taxation laws, including the TASA and the Code of Professional
Conduct.The following information has been adapted from the TPB’s factsheet, Information for Clients for these purposes.
Your tax practitioner’s obligations require them to:
· act lawfully in your best interests and with honesty and integrity in the performance of our duties;
· uphold and promote the ethical standards of the profession;
· manage any conflicts of interest;
· take reasonable care to ascertain yourstate of affairs and apply tax laws correctly;
· keep your information confidential unless there is a legal duty to disclose;
· provide services competently;
· not knowingly obstruct the administration of the tax laws;
· advise you of your rights andobligations under the taxation laws (refer above);
· account to you for money or other property on trust;
· not make false or misleading statementsto the TPB or the ATO, and in some cases, withdraw our engagement with you and
notify the TPB or ATO of certain matters;· address any false or misleading statements we are responsible for;
· engage with clients to address other false or misleading statements, exploring options to correct;
· keep proper records (including recordsof tax agent services provided);
· keep you informed of certain matters so you can make informed decisions.
If your registered tax practitioner fails to meet their obligations:
· their registration can be suspended orterminated, meaning they cannot practice;
· they could receive a caution or ordersfrom the TPB – for example, undertaking education or working under the
supervision of another registered tax practitioner;· have fines imposed on them by the Federal Court;
· your tax and superannuation matters maynot be accurate;
· you may be subject to enquiries oraudits;
· any tax shortfalls may attract penalties and interest;
· you may have litigation options to review decisions and recover debts;
· in the case of fraud or criminality, penalties may lead to prosecutions.
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