45Keeping your clients informed

45 Keeping your clients informed

Obligation (1) You must advise all current and prospective clients, in the manner, form and timeframes set out in subsection (2), of all of the following: (a) that the Board maintains a register of tax agents and BAS agents and how they can access and search the register; (b) how they can make a complaint about a tax agent service you have provided, including the complaints process of the Board; (c) the following general information: (i) your rights, responsibilities and obligations as a tax agent or BAS agent, including to your client, under the taxation laws (including the Act and Code of Professional Conduct); (ii) what obligations your clients have to you as their tax agent or BAS agent; (d) if any of the following events have occurred within the last 5 years: (i) your registration was suspended or terminated by the Board; (ii) you were an undischarged bankrupt or went into external administration; (iii) you were convicted of a serious taxation offence; (iv) you were convicted of an offence involving fraud or dishonesty; (v) you were serving, or were sentenced to, a term of imprisonment in Australia for 6 months or more; (vi) you were penalised, subject to an injunction, or been subject to an order for breaching a voluntary undertaking, for being a promoter of a tax exploitation scheme; (vii) you were penalised, subject to an injunction, or been subject to an order for breaching a voluntary undertaking, for implementing a scheme that has been promoted on the basis of conformity with a public ruling, private ruling or oral ruling in a way that is materially different from that described in the ruling; (viii) you were penalised, subject to an injunction, or been subject to an order for breaching a voluntary undertaking, for promoting on the basis of conformity with a public ruling, private ruling or oral ruling a scheme that is materially different from that described in the ruling; (ix) the Federal Court has ordered you to pay a pecuniary penalty for contravening a civil penalty provision under the Act. (e) if any of the following matters currently apply to you: (i) your registration as a tax agent or BAS agent is subject to conditions.

Note: There may be other matters for which you will need to advise your clients under other laws, for example where you have failed to comply with the Code of Professional Conduct and you are ordered by the Board to advise your clients of one or more matters under section 30-20 of the Act.

Manner and form requirements (2) Where you are required to advise clients of information covered by subsection (1), you must do so: (a) by giving the information mentioned in a paragraph in subsection (1), in writing, to current and prospective clients in a prominent, clear and unambiguous way; and (b) for information mentioned in a paragraph in subsection (1) (other than paragraph (1)(a), (b) or (c)): (i) if a client makes inquiries to engage or re-engage you to provide tax agent services—at the time of the inquiry; and (ii) for an existing client not previously advised of the information—within 30 days of the event; and (c) for information covered by either paragraph (1)(a), (1)(b) or (1)(c)—upon engagement or re-engagement of a client (as the case requires), or upon receiving a relevant request.