If you have you received a notice for a TPB investigation or review do not panic because a review or investigation does not always mean dergistration.

The Tax Practitioners Board may investigate the affairs of a tax agent or conduct preliminary inquiries prior to commencing an investigation. The outcome of preliminary enquiries and investigations can range from written cautions to terminating the registration.

In the event of an adverse finding, continued registration with the TPB may be affected and you could be prohibited you from providing any tax agent services.

Waterhouse Lawyers have successfully represented tax agents by drafting and submitting comprehensive responses and identifying the key supporting documents expected by the TPB.   In these cases the tax agents only received a written caution with education.

Common Concerns Investigated by the TPB Include:

• Whether a tax agent has acted with honesty and integrity
• The tax agent’s history of compliance with personal tax obligations
• Maintenance of adequate Professional Indemnity Insurance
• Whether a tax agent has taken reasonable care in assessing a client’s state of affairs in particular the entitlement to deductions

Client Checklist

• Ensure the client interview questionnaire is comprehensive.
• Ensure your engagement letter provides adequate details especially about the requirement to retain documents for the statutory period.
• Make adequate notes pursuant to meetings and telephone calls.
• Maintain a checklist to review log books and invoices with respect to deductions.
• Obtain written confirmations from employers with respect to work related deductions, where necessary.

Preliminary Enquiries or investigation by TPB

The TPB generally commences its investigation with a Notice of Review which identifies potential breaches and provides you with an opportunity to provide a written response.

Written Response

In order to achieve the most positive result for you and your tax agent registration it is important to be proactive and provide a detailed response to the TPB together with supporting documentation.

A comprehensive written response prepared by an experienced TPB lawyer enhances your prospects of minimal impact on your tax agent registration

Take Action Now

Waterhouse Lawyers has the necessary skills and experience in dealing with the TPB and will achieve the best possible results for you. Contact us now.