The BAS Agent laws are contained within the Tax Agent Services Act 2009 and two related pieces of legislation often referred to as the “Regulations” and the “Transitional Rules”.
The commencement date is 1 March 2010.
The laws have seen the introduction of a national Tax Practitioners Board who, among other things, oversee and regulate the supply of BAS Services to the public. Only bookkeepers who have applied to the Board for registration as a BAS Agent are permitted to render BAS services to their clients. BAS services are stringently defined and capture the majority of services provided by most bookkeepers. The laws impose a range of civil penalties ranging from $5,500 to $137,500 (per offence) for illegally providing, representing that you provide, or advertising that you provide, BAS services.
BAS Agents under the new system are subject to a Code of Professional Conduct which imposes a range of obligations, one of which is the compulsion to hold Professional Indemnity Insurance to a Board-specified level.
BAS Agents are also subject to a range of administrative sanctions and civil penalties. Clients of BAS Agents benefit from so-called safe harbour provisions which provide relief from penalties in the case of error or late lodgement by the BAS Agent.
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