Institute of Public Accountants * NTAA PLUS Ltd * The Tax Institute *
Registration date
04/07/2011
Status
Address
SHOP 4 32 CHAPPLE STREET Unit 4, 32 Chapple Street GLADSTONE CENTRAL Queensland 4680
Other records
Expiry date
01/08/2023
Condition
Sanctions
None on record
Appeal
Board decision
CXL Reason
Disqualification
<strong>Period of Effect:</strong> 21/06/2023 to 21/06/2024<br/><strong>Reason:</strong> 40-25 Period during which you may not apply for registration[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(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></ul><br/><strong>Registration requirement not met:</strong> <ul><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>
Suspension
None on record
Termination
<strong>Date of Effect:</strong> 20/06/2023<br/><strong>Reason:</strong> 30-30 Failure to comply with Code of Professional Conduct[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(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></ul><br/><strong>Registration requirement not met:</strong> <ul><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 27 April 2023, after completing an investigation, the Tax Practitioners Board (TPB) decided to terminate the tax agent registration of Ms Cornelia Samuelson. The TPB found that Ms Samuelson had failed to comply with subsections 30‑10(2), 30‑10(13) and 30‑10(14) of the Code of Professional Conduct (the Code) in the TASA.<br>On 27 April 2023, the Board also decided that Ms Samuelson no longer met the requirements for registration that she maintain, or is not able to maintain, professional indemnity insurance that meets the Board’s requirements as required by paragraph 20 5(1)(c) of the TASA.<br>The Board concluded that Ms Samuelson had breached 30‑10(2) of the Code in failing to comply with taxation laws in the conduct of her personal affairs by Failing to pay taxation debts as and when they fell due and not subject to an agreed payment arrangement with the ATO.<br>The Board concluded that Ms Samuelson had breached 30‑10(13) of the Code in failing to maintain professional indemnity insurance that met the Board's requirements in that she did not maintain professional indemnity insurance that met the Board’s requirements since 5 May 2021, being the date her previous professional indemnity insurance (PII) policy expired. <br>The Board concluded that Ms Samuelson had breached 30‑10(14) of the Code by failing to respond to requests and directions from Board in that she did not respond to requests from the Board in a timely, responsible and reasonable manner.<br>In determining that Ms Samuelson had failed to meet tax agent registration requirements and that the termination of her registration was the appropriate sanction for her conduct, the Board noted that:<br>1. The Board considered the lack of response to communication from the Board and to the BCC submission. In particular, the Board noted that receiving no response to the Boards submission leaves the Board unable to consider the views of the agent and why the agent is not engaging with the Board and to better understand their circumstances.<br><br>2. That agents need to respond to the regulator to explain their circumstances.<br><br>3. That she still had substantial outstanding debts to the Commissioner with no active payment plans.<br><br>4. That Board records showed that she had no current PII. Failure to have current PII is a risk for the clients and an obligation of the TASA being a requirement for the agent to be registered.<br><br>5. That she was still actively lodging tax returns.<br><br>6. That she had not taken action to obtain PII since the last PII which expired 5 May 2021.<br>Taking into account the above, the Board also determined in accordance with subsection 40-25(1) of the TASA that Ms Samuelson should be prohibited from applying for registration under the TASA for twelve (12) months from the date the termination of her registration takes effect.<br>