How personal conduct relates to 'fit and proper'
Did you know your personal conduct is considered in determining if you are a fit and proper person suitable for tax practitioner registration?
In deciding whether someone is a fit and proper person, we consider:
- Are they of good fame, integrity and character?
- Have they been convicted of a serious taxation offence or an offence involving fraud or dishonesty?
- Are they an undischarged bankrupt?
- Have they been sentenced to a term of imprisonment?
- Do they meet their personal tax obligations?
If a registered tax agent, BAS agent or tax (financial) adviser ceases to meet the fit and proper person requirement, we may decide to terminate their registration.
This situation occurred recently, when the Administrative Appeals Tribunal (AAT) affirmed the decision of the TPB to terminate the registration of a tax practitioner based on his personal conduct.
Mr Ranjit Dadwal had failed to declare earlier convictions as part of his annual declaration to the TPB.
The AAT affirmed the TPB approach that even if a person’s behaviour doesn’t involve professional misconduct, it may still demonstrate they are not a fit and proper person under the Tax Agent Services Act 2009.
Read the media release