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A Tax Practitioner's Guide to Personal Tax Compliance

Updated: Nov 6

As a registered Tax Practitioner, your role is pivotal in maintaining the integrity and trust of the Australian tax system. Community expectations and legislative requirements demand that you operate at the highest ethical and compliance standards—and that starts with your own personal tax affairs.


A Tax Practitioner
A Tax Practitioner

Failing to adhere to personal tax obligations is not merely a financial oversight; it is a breach of the Code of Professional Conduct and a direct threat to your registration status.


1. The Core Compliance Duty (Code Item 2)


The Code of Professional Conduct (Code item 2) strictly mandates that you must comply with all taxation laws in the management of your personal affairs. This obligation extends to all related entities under your control.


To remain compliant and meet this fundamental standard, you must ensure that your personal and related entity tax matters are current, including:


  • Timely Lodgement: Submitting your personal income tax returns (and those of related entities) by the due date.

  • BAS Requirements: Lodging your Instalment or Business Activity Statements (BAS) precisely on time.

  • Settlement of Debts: Paying all tax liabilities in full, or proactively establishing and maintaining an agreed payment arrangement with the Australian Taxation Office (ATO).


2. Integrity in Disclosure (Code Item 1) – The Critical Risk


While keeping your obligations current is mandatory, an even greater risk to your registration is the failure to be fully transparent with the Tax Practitioners Board (TPB).


The TPB requires you to declare any outstanding personal tax obligations during the registration renewal process.

Breach Type

Code Item Violated

Severity of Risk

Non-Compliance (Failing to lodge/pay on time)

Code Item 2 (Adhering to tax laws)

Risk of Sanction

Non-Disclosure (Concealing outstanding debts)

Code Item 1 (Acting honestly and with integrity)

Risk of Termination (Higher Severity)

If the Board Conduct Committee (BCC) discovers that you have failed to disclose outstanding obligations, they may determine you have breached Code Item 1 (Acting Honestly and with Integrity), which carries the most severe penalties.


3. The Consequences: Sanctions from the BCC


If the TPB finds that you have breached either Code Item 1 or Code Item 2, the BCC is empowered to impose a range of sanctions designed to protect the public interest. These sanctions include:

  • Issuing a formal written caution.

  • Imposing a mandatory order that you must comply with.

  • Suspending your registration for a specified period.

  • Terminating your registration entirely.


Takeaway Action


Your professional reputation and license are built on integrity and compliance. Ensure that the tax affairs of yourself and all related entities are managed with the same meticulous attention you apply to your clients' matters.


Source: The requirements and sanctions are derived from the Australian Government Tax Practitioners Board (TPB).

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As a firm dedicated to upholding the highest professional standards, Gordon Q.C Du & Associates encourages all registered practitioners to review their personal compliance status annually. For any complex personal or related-entity tax matters, securing independent professional advice is the wisest step.

 
 
 

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