TPB de-registers agent for overclaiming tax deductions

The Tax Practitioners Board (TPB) have put agents on notice that if they are not applying the law correctly and intentionally disregarding competent application of the relevant laws, they will be stripped of their registration.

The registration of Wollongong tax agent DW and AR McNeice and David Warren McNeice have been terminated after the TPB found that the partnership breached the Code of Professional Conduct by neglecting to provide their services competently.

The claims against the agent services largely related to overclaim expense deductions that were clearly of a personal nature and not related to earning income. Mr Michael O’Neil, CEO of the TPB said that “Mr McNiece’s conduct does not accord with the TPB’s view of what constitutes a fit and proper person. The decision is consistent with the TPB’s role in protecting consumers and maintaining the integrity of the registered tax practitioner profession.”

Tax practitioners, including BAS agents, will come across clients who would like to expense items to their business books to minimise income tax and overclaim GST input tax credits. Practitioners must apply the law correctly irrespective of their clients wishes and must not lodge any form of statement, including BAS and payroll related reporting to the Tax Commissioner where they know false claims have been made.