The TPB is currently reviewing the Tax Agent Services (Specified BAS Services) Instrument 2016, which declares certain services as BAS services.
The regulator is deciding whether services in the instrument should be expanded to include additional services relating to superannuation guarantee contributions.
This may include services relating to assisting clients in preparing and lodging superannuation guarantee statements and making payments under the superannuation guarantee (SG) amnesty.
The review follows the enactment of the SG amnesty, now set to run until 7 September, giving employers a one-off chance to disclose any unpaid SGC without incurring the administration component or Part 7 penalty, and being able to claim a tax deduction for the amount paid.
The TPB has now assured BAS agents that it will not commence any compliance action for the provision of any services relating to the SG amnesty, until after its review is completed.
“The TPB has indicated that it will not commence any compliance action under the Tax Agent Services Act 2009 (TASA) against registered BAS agents on the basis of their provision of services that are subject to the review, including any services relating to the super guarantee amnesty,” said the TPB in an online update.
“We may still take action against BAS agents for breaches of the Code of Professional Conduct or the TASA generally in relation to any services they provide.”
Interesting, TPB are getting more aggressive with tax agents and require more education. Yet they allow BAS agents with potentially much less qualification take on more that they are not qualified for for convenience. Seems to be a strange decision making process, but the are politically motivated I suppose.