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Tax Agent Services Act 2009
50‑17 Providing tax (financial) advice s50‑17 Providing tax (financial) advice services if not registered or qualified
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#### 50‑17 Providing tax (financial) advice services if not registered or qualified
You contravene this section if:
(a) either:
(i) you provide a service that you know, or ought reasonably to know, is a \*tax (financial) advice service; or
(ii) a service that you know, or ought reasonably to know, is a tax (financial) advice service is provided on your behalf by another person; and
(b) the tax (financial) advice service is not a \*BAS service; and
(c) either:
(i) you charge or receive a fee or other reward for providing the tax (financial) advice service; or
(ii) the other person charges or receives a fee or other reward for providing the tax (financial) advice service on your behalf; and
(d) you are not a \*registered tax agent or a \*qualified tax relevant provider; and
(e) in the case of the tax (financial) advice service provided on your behalf by another person—that other person is not a registered tax agent or a qualified tax relevant provider; and
(f) in the case of you providing the tax (financial) advice service as a legal service—you are prohibited, under a \*State law or \*Territory law that regulates legal practice and the provision of legal services, from providing that tax (financial) advice service.
Civil penalty:
(a) for an individual—250 penalty units; and
(b) for a body corporate—1,250 penalty units.
> Note: Subdivision 50‑C of this Act and Subdivision 298‑B of Schedule 1 to the Taxation Administration Act 1953 determine the procedure for obtaining a civil penalty order against you.