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David Pocock to move disallowance motion against TASA changes

Business

The senator will move a motion in Parliament next month to block the controversial Tax Agent Services Determination 2024.

By Miranda Brownlee 11 minute read

Senator David Pocock has given notice this week to move a motion to disallow the Tax Agent Services (Code of Professional Conduct) Determination 2024 on 8 October.

This follows the previous motion moved by Senator Dean Smith earlier this month to disallow the same determination which failed to obtain enough votes from the Senate.

While Senator Pocock voted against the previous motion, this was on the condition that Labor would deliver on its promise to work with the professional bodies and make changes to the determination.

Pocock warned during the previous vote that if Labor failed to address the outstanding issues with the changes then he would be "happy to support a disallowance motion".

The professional bodies have previously raised concerns about obligations contained in section 15 and section 45 of the determination and the potential implications they would have on tax and BAS agents.

The previous Senate vote on Dean Smith's motion resulted in 31 ayes and 31 noes, with the motion failing to pass by only one vote.

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Labor senator Anthony Chisholm previously stated in the Senate that the government was committed to making further changes to the tax determination which it would publicly consult on and finalise by early October.

At the time of writing, Labor is yet to release any public consultation on the changes it plans to make to section 15 and section 45, the most controversial aspects of the determination.

Chisholm said the government would align the obligations in section 15, the ‘dob in’ provision, with principles from the Accounting Professional and Ethical Standards Board Code of Ethics.

He also said the government would look to reduce the number of items relating to disclosure in section 45 and to remove duplicated items that are already covered in other areas of law.

MTC.

Miranda Brownlee

Miranda Brownlee

AUTHOR

Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.

Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.

You can email Miranda on: miranda.brownlee@momentummedia.com.au
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