Think you know BAS backwards? It may not satisfy the Tax Practitioners Board (TPB). Late last year, Mervyn Walsh lodged an application with the TPB for registration as a BAS agent. This was consequently knocked back by the TPB, and the reasons for it doing so may be salient and educational for both practising and aspiring tax professionals.
Pertinent to the central issue of Walsh’s case was the TPB’s requirement that an applicant successfully completes a course in basic GST/BAS taxation principles that is approved by the TPB (this is prescribed in the Tax Agent Services Regulations rules).
When Walsh filled in his application and came to the question about this requirement, he affirmed that he had completed such “courses”, but described these courses as “CPA seminar on GST/BAS, National Tax Agents & Accountants FBT seminar, National Tax Agents & Accountants income tax basics, days 1 & 2”.
When pressed by the TPB, Walsh advised that he had not only attended various seminars run by the above and similar bodies “since the introduction of GST in 2000”, but also was previously employed by a large firm as its finance and administration manager for more than 20 years, and had a letter to prove it. During that time he attested that he had taken care of all the accounting duties at this firm, and had been responsible for its BAS/GST returns, on which he said external auditors had consistently found no irregularities.
With the TPB still resisting, Walsh (obviously getting a little testy) wrote it an email, stating: “I would like the current application presented to the committee as I will not be submitting any further information. I have provided what I believe sufficient information that would allow me to be registered as a BAS agent.”
The response from the TPB noted that it considered the seminars Walsh had attended to be merely CPD events, and in no way were considered approved courses. Further it did not consider the fact that a business’s GST returns sailed through the regular auditing process as evidence of relevant experience.
Long story made short, the matter made its circuitous way to the Administrative Appeals Tribunal, which upheld the TPB’s decision. So Mervyn Walsh failed to secure his registration as a BAS agent.
The case is illustrative for the considerations the TPB will undertake in determining what it views as suitable evidence of “relevant experience” as well as suitable qualifications. If you want even more details, click here.
#[accounting], [bas agents], [tax], [tax agents], [tax practitioners board], [tax professionals], [tpb]
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