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With only six weeks or so to go before these dob-in provisions apply, there remains so much uncertainty about the interpretation of the various terms in the legislation as highlighted by John Jeffreys in this article. It seems that in many cases, tax and BAS agents may need to seek legal advice, at their own expense, if they intend to report another agent. Also there seems to be some uncertainty about whether whistleblower protection will be available to agents who report another agent. Hopefully many of these issues will be clarified before 1 July.
Kieran May
10 个月
The ATO and TPB have issued guidelines not clarity Q. Why can’t they just tell us explicitly? A. They are not High Court Justices. Dai Le MP, another issue for tax professionals that will impact your constituents. Matthew Addison.
Matthew Addison
10 个月
The associations are actively in joint discussion to respond to the guidelines and try to make them practical and realistic and implementable. We are also discussing how to respond that we have had “interesting” law passed without any consultation or explanation. Including further approach to government
Valentine Tse
10 个月
What can we do to lobby gov.au to repeal this law ? Is there a union of tax agents who can speak on our behalf and tell the PUBLIC how to vote? And CHALLENGE IT as ultra vires to the Constitutional Head of Power for tax collection (dobbing in is not part of the scientific mechanism of calculating taxation but an act of policing). This is diacrimination against tax agents imo. Arthur specialises in this type of legal work. https://newchambers.com.au/barristers/arthur-moses-sc/
Gary Brown
10 个月
It’s going to be interesting to say the least.
Matthew Hudson
10 个月
I feel for tax agents. This side show from the government is like nearly every episode from Utopia
Michael Vail F Fin FCPA
10 个月
My 3-cents worth … the whole idea is un-workable … it’s too hard to dob-in a client, let alone a colleague. Who’s trust you with anything after this type of malarkey. At best, as to intention and interpretation, it’s a risk-shift of blame from TPB and ATO, to accountants … at worst, it cuts culturally much deeper … beyond Ethics, to existentialist basics! What would Kant say … ?
Mick Alcorn
10 个月
My money is on none of these issues ever being clarified, let alone being clarified before 1 July.
Its a Joke, not enough thought has gone into this by the Government
If only the provisions were highly problematic. I think it’s fair to say that they’re virtually impossible. I feel sorry for tax agent who believes they have an obligation to report the conduct of another tax agent but can’t be certain. They’ll have to incur costs in making an informed decision as to whether or not to approach the TPB. That is likely to mean costs that will be incurred by the agent in obtaining advice which can’t be passed on to a client. This is why you have consultation before laws are passed not the gnashing of teeth after the event.