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A Brisbane man has now been sentenced to seven and a half months in jail and fined $640,000 for repeatedly providing tax and BAS agent services despite being unregistered.
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Jail, $640k fine for myGov-lodging unregistered agent
04 January 2021
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Facing the Federal Court in October 2020, 72-year-old Kent Scott Hacker was found to have unlawfully provided tax and BAS agent services for a fee or reward while not registered with the Tax Practitioners Board.
The Federal Court also granted the TPB’s request for permanent injunctions against Mr Hacker and his related entities, One Stop Global Staffing Pty Ltd (OSGS) and Naleview Pty Limited, from further provision of unregistered tax agent services.
Operating out of a Brisbane city office for OSGS and from a Stafford office in the northern suburbs of Brisbane for Naleview, Mr Hacker was found to have contravened the Tax Agent Services Act 45 times and his two companies 42 times.
Mr Hacker, who had directed clients to lodge through their myGov accounts, was also found guilty of contempt of court after he continued to provide such services despite facing a court-enforced undertaking to stop doing so back in March 2019.
He told the court that he became a tax agent in 1972 but that his licence lapsed in 1982/83 and he had worked as an accountant in the following years.
In delivering his judgment, Justice Darryl Rangiah said a strong message needed to be sent to deter others from providing tax and BAS agent services without being registered with the TPB.
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“Strong penalties are required to deter those who may view the requirement of registration as optional,” said Justice Rangiah.
“There is an obvious and real temptation for unethical and unprofessional people to provide unregistered tax agent and BAS services for profit.
“The penalties must therefore be imposed at a level which will signal that contraventions will not pay.”
TPB chair Ian Klug said the imprisonment sentence and heavy fine were a clear warning to unregistered agents.
“The TPB will act firmly against those that act outside the law and supports the imposition of the penalties handed down to Mr Hacker and his associated companies,” said Mr Klug.
“For nearly two years, Mr Hacker has brazenly and consistently ignored court orders and his behaviour has put his clients at risk and undermined the integrity of the taxation system. The TPB will continue to target unregistered preparers to ensure the professional and ethical standards of the tax profession is maintained.
“The sentencing, fines of over $640,000 and the imprisonment of Mr Hacker, sends a strong message to other rogue advisers and the community that illegal acts of this nature will not be tolerated.”
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