Taxpayer & Tax Practitioner Obligations under new Code of Professional Conduct Laws

At Jaryco Accounting we are committed to upholding the standards as registered tax practitioners by ensuring we meet the expectations set by the Tax Practitioners Board. The responsibility to keep our clients informed and protected aligns with our core values.

​

The Tax Practitioners Board (TPB) are currently developing guidance to help registered tax practitioners understand their new responsibilities under Section 45 of the 2024 Tax Agent Services Code of Professional Conduct.

​

We are already prepared to embrace these changes thanks to our current framework. Therefore, clients likely won’t notice much difference in our services once these new standards take effect on 1 July 2025.

​

As a taxpayer, it is important that you:

• Understand your tax practitioners has obligations to you, the ATO and the Tax Practitioners Board (TPB), as outlined below.

• Are aware of your obligations to the Australian Taxation Office (ATO), as outlined below.

 

We have provided key information about obligations and complaints under the Code of Professional Conduct below. We will continue to update this page as new guidance and legislation is released by the ATO and Tax Practitioners Board.

If you have any questions about your obligations, or the obligations of a tax practitioner, please contact us directly or reach out to the Tax Practitioners Board.

​​

Client Fact Sheet

The Tax Practitioners Board have provided a fact sheet that summarises client and tax practitioner obligations under these rules and regulations.

​

INFORMATION FOR CLIENTS FACTSHEET

​

​

What is expected of you, as clients and taxpayers, under these new laws?

Your obligations:

• Be truthful with the information you provide to your tax practitioner.

• Keep the required records and provide them to your tax practitioner on a timely basis, as required.

• Be cooperative with your tax practitioner’s requests and meet their due dates.

• Comply with tax laws.

If you do not meet your obligations:

• The ATO may impose administrative penalties (fines).

• Interest charges may be applied.

• In some cases, criminal prosecutions may be sought.

• The ATO may initiate debt recovery.

​

What is expected of tax practitioners under these new laws?

Tax practitioner obligations:

• Act honestly and with integrity.

• Uphold and promote the ethical standards of the tax profession.

• Act lawfully in your best interests.

• Manage any conflicts of interest.

• Take reasonable care to ascertain your state 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 and obligations under the tax laws

• Account to you for money or other property on trust.

• Not make false or misleading statements to the Tax Practitioners Board or ATO, and in some cases withdraw their engagement with you and notify the Tax Practitioners Board or ATO of certain matters.

• Keep proper records.

• Keep you informed of certain matters so you can make informed decisions.

• Address any false or misleading statements they are responsible for.

• Engage with clients to address other false or misleading statements, exploring options to correct.

• In higher risk cases, withdraw their services and notify the ATO or Tax Practitioners Board about false or misleading statements.

If tax practitioners do not meet these obligations:

• Their registration can be suspended or terminated.

• They could receive a caution or orders from the Tax Practitioners Board – for example, undertaking education or working under the supervision of another registered tax practitioner.

• Have fines imposed on them by the Federal Court.

• Their clients’ tax and superannuation matters may not be accurate.

• Clients may be subject to enquiries or audits.

• Any tax shortfalls may attract penalties and interest.

• Litigation to review decisions and to recover debts.

• In the case of fraud or criminality, penalties may lead to prosecutions.

 

Your tax practitioner must keep you informed about the following matters:

 Information about the TPB Public Register

To support you and the public to make the right decisions about any tax practitioner, the Tax Practitioners Board maintains a register where you can identify registered BAS agents and tax agents, as well as those who are in your locality.

The Tax Practitioners Board Register also provides important information about higher risk cases, where an investigation has resulted in serious sanctions being imposed.

Further information about the Public Register can be found at: tpb.gov.au/help-using-tpb-register.

​​​

​

​

​

Jaryco Accounting Tax Agent Details

​

​

​

​

​​​​​​

How to Make a Complaint to the Tax Practitioners Board

You can provide information to the Tax Practitioners Board about a registered tax practitioner or unregistered preparers who are not complying with the law. All complaints and referrals are assessed by the Tax Practitioners Board. In addition, they have client service compliance strategies in place that address the highest risk issues.

The Tax Practitioners Board encourages that you attempt to resolve any issues directly with the practitioner first, wherever possible. If you wish to lodge an internal complaint directly to Jaryco Accounting about not meeting our obligations, please contact us directly.

​

Further information about the complaints process is available at: tpb.gov.au/complaints.

​​

General Information About Rights, Responsibilities and Obligations

Your tax practitioner must advise you of your rights, responsibilities and obligations. These rights and responsibilities may arise under the tax law or because of the particular services they provide to you.

Please see above for further details about your rights and obligations, and the rights and obligation of your tax practitioner.

 

 Prescribed Events Within the Last 5 Years

If certain “Prescribed Events” have occurred involving your tax practitioner within the last 5 years, they must advise you of this at the time you make enquiries to engage or re-engage them to provide tax services. Otherwise, the tax practitioner must notify you within 30 days of them becoming aware of the matter.

Prescribed Events include if the tax practitioner was:

• Suspended or terminated by the Tax Practitioners Board;

• An undischarged bankrupt or went into external administration;

• Convicted of a serious taxation offence or an offence involving fraud or dishonesty;

• Serving or sentenced to a term of imprisonment in Australia for 6 months or more.

Tax practitioners need to be transparent with clients about certain misconduct (prescribed events) that may have occurred in the past 5 years. This disclosure obligation extends to prospective clients – for example, a taxpayer seeking a quote for tax agent services).

 

Registration Subject to Conditions

Your tax practitioner must advise you if their registration is subject to conditions (e.g. they can only provide tax services related to research and development or tax (financial) advice services).

The tax practitioner must notify you of this at the time you are making inquiries to engage or re-engage them to provide you with tax services. Otherwise, the tax practitioner must notify you within 30 days of them becoming aware of the matter.

​