<strong>Period of Effect:</strong> 22/11/2023 to 22/11/2025<br/><strong>Reason:</strong> 40-25 Period during which you may not apply for registration
Suspension
None on record
Termination
<strong>Date of Effect:</strong> 22/11/2023<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(1) - You must act honestly and with integrity</li><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>20-15(a) Fit and Proper - good fame, integrity and character</li></ul><br/><strong>Explanation:</strong> On 28 September 2023, after completing an investigation, the Tax Practitioners Board (TPB) decided to terminate the tax agent registration of Daniel O’Leary.<br>The TPB found that Daniel O’Leary had engaged in conduct which breached subsections 30‑10(1), 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 found that Daniel O’Leary:<br>1. Breached subsection 30-10(1) of the Code by making a false statement on his application for renewal of tax agent registration lodged with the Board on 2 August 2021, by answering ‘No’ to the question “Do you or any associated entities that you have direct, or indirect control over, have overdue tax obligations?”, when in fact as at that date he and his associated partnership had outstanding lodgements and debts.<br><br>2. Breached subsection 30-10(2) of the Code by:<br>a. in his individual capacity, failing to: <br>i. comply with his Superannuation Guarantee obligations for 17 quarters<br>ii. lodge his ITR by the due date for the period ending 30 June 2022<br>iii. lodge 27 of his monthly BAS by their respective due dates<br>iv. pay taxation debts as and when they fell due<br>b. in his capacity as a partner of a partnership, failing to cause the partnership to:<br>i. lodge 4 income tax returns<br>ii. lodge 13 quarterly BAS<br>iii. pay taxation debts as and when they fell due<br><br>3. Breached subsection 30 10(8) of the Code by failing to complete the minimum level of relevant continuing professional education that meets the Board’s requirements during the period 2 August 2020 to 6 August 2023.<br><br>4. Breached subsection 30 10(13) of the Code by failing to maintain professional indemnity (PI) Insurance that meets the Board’s requirements since 1 August 2022<br><br>5. Breached subsection 30 10(14) of the Code by failing to provide a substantive response to the Board’s correspondence<br><br>The Board also determined it was satisfied that Mr O’Leary had ceased to meet the tax practitioner registration requirement under paragraph 20-5(1)(a) of the TASA to be a fit and proper person. <br><br>The Board also determined that Mr O’Leary had ceased to meet the tax practitioner registration requirement under paragraph 20-5(1)(c) of the TASA that he maintain PI insurance that meets the Board’s requirements.<br><br>Taking into account the seriousness of Daniel O’Leary’ breaches of the Code over an extended period of time, the TPB decided to terminate Daniel O’Leary’ 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>