Information for Clients

Be aware of your obligations to the ATO and your BAS Agent’s obligations to the tax practitioners board.

Overview:

As a taxpayer, it is important you:
• Are aware of your obligations to the Australian Taxation Office(ATO)
• Understand your BAS agent has obligations to the ATO and the Tax Practitioners Board (TPB)

Your Obligations:

  • Be truthful with the information you provide your BAS agent
  • Keep the required records and provide them to your BAS agent, if required on a timely basis
  • Be co-operative with your BAS agent’s requests, and meet their due dates
  • Comply with tax laws

Your BAS agent’s obligations require them to:

  • 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 TPB or ATO, and in some cases withdraw their engagement with you and notify the TPG 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

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

If your BAS agent does not meet their obligations:

  • Their registration can be suspended or terminated, meaning they can’t practice
  • They could receive written cautions or orders from the TPB – for example, undertaking education or working under the supervision of another registered tax practitioner
  • Fines may be imposed by the Federal Court
  • Your tax and superannuation matters may not be accurate
  • You may be subject to entries or audits
  • Any tax shortfalls may attract penalties and interest
  • You may have litigation options to review decisions and to recover debts
  • In the case of fraud or criminality, penalties may lead to prosecutions

What you should expect
from your BAS Agent?

They will ask you questions to better understand your situation.

They will not act illegally, even if it is in your best interests.

They may ask you to substantiate and provide evidence of any claims you make under a BAS provision.

They will advise you of your obligations under the BAS provisions.

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