20‑5 Eligibility for registration as reg20‑5 Eligibility for registration as registered tax agent or BAS agent

#### 20‑5 Eligibility for registration as registered tax agent or BAS agent Individuals (1) An individual, aged 18 years or more, is eligible for registration as a \*registered tax agent or BAS agent if the Board is satisfied that: (a) the individual is a fit and proper person; and (b) the individual meets the requirements prescribed by the regulations (including, but not limited to, requirements relating to qualifications and experience) in respect of registration as a registered tax agent or BAS agent; and (c) in the case of registration which is not a renewal—the individual maintains, or will be able to maintain, professional indemnity insurance that meets the Board’s requirements; and (d) in the case of a renewal of registration—the individual: (i) maintains, at the time of applying for registration, professional indemnity insurance that meets the Board’s requirements; and (ii) has completed continuing professional education that meets the Board’s requirements. > Note 1: An individual in the capacity of trustee of a trust can be registered: see section 70‑15. > Note 2: Subsection (4) provides for an exception to paragraph (1)(b) for pre‑1988 tax agents and nominees. Partnerships (2) A partnership is eligible for registration as a \*registered tax agent or BAS agent if the Board is satisfied that: (a) each partner who is an individual is: (i) aged 18 years or more; and (ii) a fit and proper person; and (b) if a company is a partner: (i) each director of the company is a fit and proper person; and (ii) the company is not under external administration; and (iii) the company has not been convicted of a \*serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and (c) the partnership has: (i) in the case of registration as a \*registered tax agent—a sufficient number of individuals, being registered tax agents, to provide \*tax agent services to a competent standard, and to carry out supervisory arrangements; or (ii) in the case of registration as a \*registered BAS agent—a sufficient number of individuals, being registered tax agents or BAS agents, to provide \*BAS services to a competent standard, and to carry out supervisory arrangements; and (d) in the case of registration which is not a renewal—the partnership maintains, or will be able to maintain, professional indemnity insurance that meets the Board’s requirements; and (e) in the case of a renewal of registration—the partnership maintains, at the time of applying for registration, professional indemnity insurance that meets the Board’s requirements. Companies (3) A company is eligible for registration as a \*registered tax agent or BAS agent if the Board is satisfied that: (a) each director of the company is a fit and proper person; and (b) the company is not under external administration; and (c) the company has not been convicted of a \*serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and (d) the company has: (i) in the case of registration as a \*registered tax agent—a sufficient number of individuals, being registered tax agents, to provide \*tax agent services to a competent standard and to carry out supervisory arrangements; or (ii) in the case of registration as a \*registered BAS agent—a sufficient number of individuals, being registered tax agents or BAS agents, to provide \*BAS services to a competent standard, and to carry out supervisory arrangements; and (e) in the case of registration which is not a renewal—the company maintains, or will be able to maintain, professional indemnity insurance that meets the Board’s requirements; and (f) in the case of a renewal of registration—the company maintains, at the time of applying for registration, professional indemnity insurance that meets the Board’s requirements. > Note: A company in the capacity of trustee of a trust can be registered: see section 70‑15. Special rule about pre‑1988 tax agents (4) An individual is eligible for registration as a \*registered tax agent even if the Board is not satisfied that the individual satisfies the requirements mentioned in paragraph (1)(b) if: (a) the individual was registered as a tax agent or as a nominee for the purposes of Part VIIA of the Income Tax Assessment Act 1936 (as in force immediately before the commencement of item 7 of Schedule 1 to the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009) at both of the following times: (i) immediately before the commencement of this Act; (ii) immediately before the commencement of section 39 of the Taxation Laws Amendment Act (No. 2) 1988; and (b) the individual is otherwise eligible for registration as a registered tax agent.