L 2 SE 11, 2-4 FETHERSTONE ST BANKSTOWN New South Wales 2200
Other records
Expiry date
01/08/2023
Condition
Sanctions
None on record
Appeal
Board decision
CXL Reason
Disqualification
<strong>Period of Effect:</strong> 08/12/2023 to 08/12/2027<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> 08/12/2023<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></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></ul><br/><strong>Explanation:</strong> On 24 October 2023, after completing an investigation, the Tax Practitioners Board (TPB) decided to terminate the tax agent registration of Mr Ismail Mustapha. The TPB found Mr Mustapha had breached the Code of Professional Conduct (the Code) in the Tax Agent Services Act 2009 (TASA) and that he no longer met the registration requirement that he must be a fit and proper person.<br><br>The TPB found Mr Mustapha breached the Code by failing to act honestly and with integrity when he:<br>• lodged 43 income tax returns that he knew contained false information, without the knowledge and authorisation of the clients for the purpose of obtaining tax refunds he was not entitled to<br>• engaged in criminal conduct that resulted in him being charged and pleading guilty to two counts of obtaining a financial advantage by deception and one count of dealing in proceeds of crime worth $10,000 or more.<br><br>The TPB also determined that Mr Mustapha no longer met the tax agent registration requirement that he be a fit and proper person on the basis that:<br>• he had breached the Code as outlined above.<br>• he pleaded guilty to three criminal offences directly related to his conduct as a tax agent.<br>• his conduct undermines the integrity of the taxation system and the confidence that clients and the broader public have in tax practitioners.<br>• his conduct is such that the Commissioner of Taxation, the TPB, clients and the general public could not have confidence that Mr Mustapha would perform his duties as a registered tax practitioner honestly, professionally and competently.<br><br>Taking into account the above, the Board decided to terminate Mr Mustapha’s tax agent registration in accordance with paragraph 40-5(1)(b) of the TASA. The Board also determined to impose a period of four years during which Mr Mustapha was prohibited from applying for registration, from the date the termination of his registration takes effect, in accordance with subsection 40-25(1) of the TASA.