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A history of non-compliance included failure to lodge four income tax returns and 102 business activity statements.
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Court upholds TPB decision to ban tax agent
09 August 2022
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The Federal Court has upheld a TPB decision to ban a Sydney tax agent for failing to meet their tax obligations over several years and a record of non-compliance.
Hany Mina, formerly a director of Logic Accountants & Tax Professionals Pty Ltd missed four income tax returns as well as 27 BAS for himself and 75 for Logic.
The TPB found Mr Mina and Logic to have a history of non-compliance, with clients of Logic being audited multiple times due to excessive work-related expense claims, including a tax shortfall of approximately $193,000 resulting in $65,000 in penalties.
As a result, the TPB terminated the registration of both Logic and Mr Mina, banning him from reapplying for registration for two years.
Mr Mina appealed the TPB’s decision to the AAT, which upheld the TPB’s decision.
The AAT said it took into account that Mr Mina had sought to blame clients for incorrect claims and had not demonstrated any remorse for the impact he and his company’s conduct had upon clients.
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Mr Mina then appealed that decision to the Federal Court, which found no grounds for appeal and affirmed the TPB’s decision, dismissing the appeal and awarding costs to the board.
Chair of TPB, Ian Klug, said that the result reflected the important work the board was undertaking.
“This judgement supports the work of the TPB in upholding the integrity of the system,” said Mr Klug.
“We are committed to protecting clients and the public from misconduct and unlawful advice, which can expose clients to additional tax and penalties.
“Most tax practitioners understand they hold a privileged position of trust and these tax practitioners breached that trust by consistently failing to comply with their own tax obligations.”
Mr Klug also said that the TPB will continue to scrutinise tax practitioners who are looking to circumvent the system.
“Last year, the TPB investigated around 2,600 cases to support professional honesty and integrity,” he said. “In these types of cases, where misconduct continues over an extended period, tax practitioners will be banned to ensure trust and confidence in the profession and in the tax and superannuation system.
“This year, the TPB has a particular focus on tax practitioners who facilitate tax evasion, and those who consistently fail their own tax responsibilities.”
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