Another tax agent terminated for SAN misuse
The Administrative Appeals Tribunal (AAT) has recently upheld a Tax Practitioners Board (TPB) decision to terminate the registration of a tax agent who had lodged a number of SMSF annual returns and did not obtain the required audits.
Ms Jennifer Clifford was found to have misled the ATO and the board after she was referred to the TPB following ATO compliance activity under our self managed super fund (SMSF) auditor number (SAN) misuse (SAN misuse) program.
She informed the TPB that she knew there were no auditor’s reports when she lodged the returns and claimed she only did so to stop the ATO asking why she had not lodged her client’s tax returns.
SMSFs are subject to annual audits which is a critical integrity check to ensure the validity and accuracy of an SMSF's financial statements, and its compliance with superannuation legislation. In undertaking her actions, Ms Clifford exposed her clients to the risk of significant penalties under the Superannuation Industry (Supervision) Act 1993.
During 2023-24, the ATO will continue to work with SMSF Auditors to identify instances where SAN misuse may have deliberately occurred. Where appropriate, registered practitioners will be referred to the TPB for further consideration.
If you suspect a tax agent of being dishonest or not registered, you should submit a complaint form.
