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Professional bodies have warned that fixing the code changes will require considerable work ahead of today’s vote on the disallowance motion.
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Joint bodies continue support for disallowance motion on TASA changes
10 September 2024
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A range of professional bodies have welcomed a commitment from the Assistant Treasurer’s office to undertake further consultation on the Tax Agent Services Determination 2024, but are still in support of the disallowance motion to block the changes.
During a roundtable meeting last week, the Assistant Treasurer’s office and Treasury acknowledged the concerns about the determination raised by the joint professional bodies, with the government saying that it was open to “making necessary changes.”
However, the joint bodies will continue to lobby for action until further progress is made.
In an open letter, the professional bodies representing Australia’s tax and BAS agents and bookkeepers said that further changes are still required to the Tax Agent Services Determination 2024 in order to make them clear, practical, and fair.
Sharing details about investigations and the mandatory requirement to ‘dob in’ a client need substantial reworking, the joint bodies said.
The letter said that the Assistant Treasurer’s office has committed to providing revised amendments, guidance, and explanation to the joint bodies, following the meeting last week and an additional round of public consultation.
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However, the joint bodies continue to support the disallowance motion to block the proposed changes, set to be voted on today, given that the amendments will not be finalised before the vote.
“Public consultation is no guarantee the amendments will be changed in a way that is best for our members, their clients and communities. Until the changes to the Determination are agreed, the joint bodies remain supportive of the disallowance motion proceeding in the Senate [today],” the letter said.
Shadow assistant treasurer and financial services Luke Howarth said that Minister Stephen Jones didn’t even attend the roundtable on Friday.
“The assistant treasurer’s approach to consultation, communication and stakeholder management on these regulations has been abysmal,” he said.
“After repeatedly telling tax practitioners their concerns were unfounded and the new regulation was ‘modest’, he has now repeatedly backflipped and admitted changes are required, with three embarrassing mea culpas and backdowns so far.”
Howarth hosted a community forum with senator David Fawcett for local bookkeepers and accountants in the north of Adelaide ahead of the roundtable.
Howarth said most feedback surrounded a level of distress caused by the government’s lack of consultation and communication about the determination.
“These small and family businesses are some of the most trusted members of our community and should be treated with respect,” Howarth said.
“Instead, the Albanese government has left them distraught and wondering whether they should stay in the profession.”
The professional bodies have urged for the changes of the determination as in its current form, the compliance obligations will make the jobs of nearly 72,000 tax and BAS agents more challenging.
The obligations are also likely to increase the cost of services for millions of Australians, according to the professional bodies.
The professional bodies said the guidance is no replacement for fixing the black-letter law.
“As we’ve been outlining since mid-July, the rules in the current form are an overreach and revised guidance from the Tax Practitioners Board or an amended Explanatory Statement will not solve the confusion,” the bodies said.
“The joint bodies thank the Assistant Treasurer’s office and Treasury for meeting with us in person and we look forward to achieving a positive outcome for the profession.”
Howarth said the Coalition will be proactive in helping the profession and support the professional bodies in their call to disallow the motion.
“It’s too little, too late and the coalition is taking action in parliament tomorrow to put a stop to this attack,” he said.
“We will hold similar forums and write to tax practitioners across the country to reassure them and understand what needs to change so they can get on with doing their jobs.”
In their current form, the joint bodies said the compliance obligations in the determination make the jobs of nearly 72,000 tax and BAS agents, who service their communities, challenging and will most likely increase the cost of services to millions of Australians.
“As we’ve been outlining since mid-July, the rules in their current form are an overreach and revised guidance from the Tax Practitioners Board (TPB) or an amended Explanatory Statement will not solve the confusion. This guidance is no replacement for fixing the black letter law,” they said.
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