SE 26 1-5 JACOBS STREET BANKSTOWN BANKSTOWN New South Wales 2200
Other records
Expiry date
01/09/2025
Condition
Sanctions
None on record
Appeal
Board decision
CXL Reason
Disqualification
None on record
Suspension
<strong>Date of Effect:</strong> 23/05/2023 to 23/05/2024<br/><strong>Reason:</strong> 30-25 Failure to comply with the Code of Professional Conduct (suspension)[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(7) - You must ensure that a tax agent service that you provide, or that is provided on your behalf, is provided competently</li></ul><br/><strong>Explanation:</strong> On 30 March 2023, after completing an investigation, the Tax Practitioners Board (the TPB) determined that Mr Mahmoud Mohammad had breached subsections 30-10(1), 30-10(2), and 30-10(7) of the Code of Professional Conduct (the Code) in the Tax Agent Services Act 2009 (TASA).<br><br>The TPB found Mr Mohammad, breached the Code:<br>1. in his capacity as sole director of MS Partners Pty Ltd (the Company), by failing to act honestly and with integrity in the Company’s income tax returns (ITRs) and business activity statements (BAS) by <br>a. failing to declare all assessable income and overstating expenses for the years ending 30 June 2019 and 30 June 2020<br>b. failing to declare all Goods and Services Tax (GST) on sales and overstating GST on purchases for the quarters ending 30 September 2018 to 30 June 2020<br>c. failing to declare all wages, leading to a failure to withhold Pay As You Go Withholding (PAYGW) amounts for wages paid by the Company for the quarters ending 30 September 2019 to 30 June 2020.<br>resulting in tax shortfalls, shortfall penalties and failure to withhold penalties<br>2. In his capacity as an individual, by failing to act honestly and with integrity by:<br>a. failing to declare all assessable income in his individual ITR for the year ending 30 June 2020<br>b. making false statements to the Commissioner that the Company had received declarations from the client stating that the information in seven nil BAS lodgements were true and correct and were authorised by the client when in fact the Company was aware that it had not received written declarations from the client when lodging the relevant BAS.<br>3. In that he did not comply with the taxation laws in the conduct of his personal affairs by:<br>a. failing to declare all assessable income in his individual ITR for the year ending 30 June 2020<br>b. failing to declare all assessable income and overstating expenses for the years ending 30 June 2019 and 30 June 2020 for the Company<br>c. failing to declare all Goods and Services Tax (GST) on sales and overstating GST on purchases for the quarters ending 30 September 2018 to 30 June 2020 for the Company<br>d. failing to declare all wages, leading to a failure to withhold Pay As You Go Withholding (PAYGW) amounts for wages paid by the Company for the quarters ending 30 September 2019 to 30 June 2020.<br>resulting in tax shortfalls, shortfall penalties and failure to withhold penalties<br>4. in that he failed to ensure that a tax agent service that the Company provided, or that was provided on the Company’s behalf, was provided competently by:<br>a. lodging ITRs for five clients with incorrect income and deduction amounts for the financial years ended 30 June 2019 and 30 June 2020 that required the Commissioner to adjust the ITRs at audit and resulted in tax shortfalls <br>b. lodging BAS for four clients with incorrect amounts for GST on sales and GST on purchases that required the Commissioner to adjust the BAS at audit and resulted in tax shortfalls.<br><br>The Board decided to:<br>1. Suspend Mr Mohammad’s registration under section 30-25 of the TASA for a period of twelve months.<br>2. Impose an Order under section 30-20 of the TASA, requiring Mr Mohammad to:<br>a. complete and pass a course in relation to the TASA and provide evidence of successful completion to the TPB.<br>b. complete and pass the Tax Schools Day 1 and Tax Schools Day 2 seminars offered by National Tax Accountants Association and provide evidence of successful completion to the TPB.<br>c. provide written evidence to the TPB of enrolment in each course.<br>