26Specified services that are not tax agent services

#### 26 Specified services that are not tax agent services (1) For the purposes of subsection 90‑5(2) of the Act, the following services are specified: (a) a service provided by an auditor of a self managed superannuation fund under the Superannuation Industry (Supervision) Act 1993; (b) a service provided by an entity to a related entity; (c) a service provided by a related entity of an entity (the first entity) to another related entity of the first entity; (d) a service provided by a trustee of a trust (or a related entity of the trustee) to the trust, or a member of the trust, in relation to the trust; (e) a service provided by a trustee of a trust (or a related entity of the trustee) to a wholly owned or controlled entity of the trust in relation to the entity; (f) a service provided by a responsible entity (within the meaning of the Corporations Act 2001) of a managed investment scheme (within the meaning of that Act) (or a related entity of the responsible entity, the manager of the managed investment scheme or the operator of the managed investment scheme) to the scheme, or a member of the scheme, in relation to the scheme; (g) a service provided by an operator (within the meaning of the Corporations Act 2001) of a notified foreign passport fund (within the meaning of that Act) or a related entity of the operator to the fund, or a member of the fund, in relation to the fund; (h) a service provided by a partner in a partnership (or a related entity of the partner) to another partner of the partnership in relation to the partnership; (i) a service provided by a member of a joint venture (or a related entity of the member) to another member of the joint venture or an entity established to pursue the joint venture: (i) in accordance with a written agreement; and (ii) in relation to the joint venture; (j) a service that is a custodial or depository service (within the meaning of the Corporations Act 2001) provided by a financial services licensee (within the meaning of that Act) or an authorised representative (within the meaning of that Act) of the licensee; (k) a service provided by an entity (the first entity) to an entity previously owned by the first entity (the second entity) in relation to the second entity’s obligations under a taxation law for the income year in which it was sold by the first entity; (l) a service that is required, by a law of the Commonwealth or of a State or Territory, to be provided only by an actuary (within the meaning of the Income Tax Assessment Act 1997); (m) a service provided by an actuary (within the meaning of the Income Tax Assessment Act 1997) in relation to either or both of the following: (i) a defined benefit superannuation scheme (within the meaning of the Superannuation Guarantee (Administration) Act 1992); (ii) an allocation from a reserve in a superannuation scheme (within the meaning of the Superannuation Guarantee (Administration) Act 1992) other than a defined benefit superannuation scheme (within the meaning of that Act); (n) subject to subsection (2), a tax (financial) advice service provided between 1 January and 31 December 2022 by an entity that: (i) immediately before 1 January 2022, was a registered tax (financial) adviser (within the meaning of the Act as in force at that time); and (ii) is not a relevant provider (within the meaning of the Corporations Act 2001). (2) Paragraph (1)(n) does not cover a service provided by an entity if: (a) on or after 1 January 2022, the entity applies, under section 20‑20 of the Act, for registration as a tax agent; and (b) the service is provided: (i) if the Board grants the application—after the registration commences; or (ii) if the Board rejects the application—after the Board notifies the entity of its decision. (3) In this section: > Note: The terms under common ownership, stapled entity and taxation law have the same meaning as in the Income Tax Assessment Act 1997 (see subsection 90‑1(2) of the Tax Agent Services Act 2009). > related entity, in relation to an entity, means: (a) an associated entity (within the meaning of the Corporations Act 2001) of the entity; or (b) an entity under common ownership with the entity; or (c) a stapled entity of the entity or an associated entity of the stapled entity; or (d) an entity connected with the entity (within the meaning of section 328‑125 of the Income Tax Assessment Act 1997, applied as if references in that section to a control percentage of 40% were references to a control percentage of 50%).