<strong>Date of Effect:</strong> 21/05/2024<br/><strong>Reason:</strong> 40-5(1)(b) individual no longer meets registration requirements[POPUP_FOR_DETAILS]<br/><strong>Code breach(es):</strong> <ul><li>30-10(2) - You must comply with the taxation laws in the conduct of your personal affairs</li><li>30-10(8) - You must maintain knowledge and skills relevant to the tax agent services that you provide</li><li>30-10(13) - You must maintain professional indemnity insurance that meets the Board's requirements</li><li>30-10(14) - You must respond to requests and directions from the Board in a timely, responsible and reasonable manner</li><li>20-5 Eligibility for Registration</li></ul><br/><strong>Registration requirement not met:</strong> <ul><li>20-5(1)(a) Individual has ceased to meet registration requirement that they are a fit and proper person</li><li>20-5(1)(c) Individual has ceased to meet registration requirement that they maintain professional indemnity insurance that meets the Board's requirements</li></ul><br/><strong>Explanation:</strong> On 28 March 2024, after completing an investigation, the Tax Practitioners Board (TPB) found that Brain Fletcher had engaged in conduct which breached subsections 30 10(2), 30 10(8), 30 10(13) and 30 10(14) of the Code of Professional Conduct (the Code) in the Tax Agent Services Act 2009 (TASA).<br>The TPB also found Brain Fletcher had ceased to meet the tax practitioner registration requirements under:<br>• paragraph 20-5(1)(a) of the TASA that he be a fit and proper person; and <br>• paragraph 20-5(1)(c) of the TASA that he maintains professional indemnity (PI) insurance that meets the TPB’s requirements.<br>The TPB found that Brain Fletcher breached the Code by:<br>1. Failing to respond to a notice issued to him under section 60-100 of the TASA.<br>2. Failing to complete the minimum level of relevant continuing professional education that meets the TPB’s requirements during the period 1 December 2020 to 12 January 2024.<br>3. Failing to maintain adequate PI insurance that meets the TPB’s requirements from 1 November 2022 onwards.<br>4. Failing to comply with an order issued by the TPB to complete courses of education and provide evidence of completion of these courses to the TPB by the specified date.<br>5. Failing to respond to requests and directions from the TPB in a timely, responsible and reasonable manner. <br><br>Taking into account Mr Fletcher’s breaches of the Code and failure to meet the registration requirements, the TPB decided to terminate Brian Fletcher’s tax agent registration and prohibit him from applying for registration for a period of two years from the date when the termination of his registration takes effect.<br>