Ballarat based tax agent, Anthony Quinney, was deregistered and banned from registration for 3 years by the Tax Practitioners Board (TPB) for professional misconduct, including making false statements and failing to act with reasonable care and competence.
The TPB found Mr Quinney had acted unlawfully and was not fit and proper to hold his tax agent’s licence, due to:
- failure to take reasonable care in assessing his client’s circumstances
- overclaiming GST refunds
- non-compliance with his own tax obligations
- making false statements to the TPB.
Many Australian taxpayers and businesses depend on tax practitioners who act professionally, legally and ethically, especially at tax time. There are serious consequences for anyone acting unlawfully, and TPB investigations and sanctions will apply to tax practitioners involved in misconduct, in order to protect the Australian community.
TPB Chair, Peter de Cure AM, noted Mr Quinny breaches of his professional obligations resulted in a significant Australian Taxation Office investigation and penalties for 8 clients.
He went on to say, ‘Australia’s tax system is built on community trust and confidence, and the integrity of tax practitioners. Those who act unlawfully undermine that bond of trust and impose costs on their clients and the community.’
‘Reasonable care and competence standards require tax practitioners to undertake reasonable enquiries, especially when addressing ‘red flags’. Risk indicators may include new or unknown clients, tax statements without substance, or refund claims that are inconsistent with the facts or financial records. Where a tax practitioner knows the information provided by clients is not credible, they should make further enquiries rather than continuing to provide services recklessly.’
Mr de Cure added, ‘This case is an important and timely reminder for tax practitioners who have an obligation to act lawfully and keep clients informed. When faced with reckless or unreasonable tax claims, ethical tax practitioners will decline to act in order to preserve their credibility and compliance.’
About the Tax Practitioners Board
The TPB regulates tax practitioners in order to protect consumers and ensure the integrity of the profession and the tax system. The TPB aims to assure the community that tax practitioners meet appropriate standards of professional and ethical conduct. Follow us on LinkedIn and Facebook.