<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> 30-30 Failure to comply with Code of Professional Conduct[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><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></ul><br/><strong>Explanation:</strong> On 28 September 2023, after completing an investigation the Tax Practitioners Board (the Board) decided to terminate the tax agent registration of Ms Irina Petrovsky.<br><br>The Board found that Ms Irina Petrovsky had engaged in conduct that breached subsections 30-10(1), 30-10(2), 30-10(7) of the Code of Professional Conduct (the Code) in the Tax Agent Services Act 2009 (TASA). The Board also determined that Ms Petrovsky ceased to meet the tax practitioner registration requirement under paragraph 20-5(1)(a) of the TASA in that she is no longer a fit and proper person to remain registered with the Board.<br><br>The Board found that Ms Petrovsky had breached the Code by:<br><br>Failing to act with honesty and integrity by enabling an individual to circumvent registration requirements of the Board by:<br> • Allowing the unregistered individual to directly invoice clients for tax agent services. <br> • Allowing the unregistered individual to receive client refunds into a bank account which was not supervised by Ms Petrovsky and was over the unregistered individual’s control.<br><br>Making false statements to the Commissioner of Taxation by listing false superannuation auditor numbers in 23 superannuation annual returns in circumstances where she knew, or ought to have known, that no audits had actually taken place.<br><br>Making false statements to the Board.<br><br>Failing to comply with taxation laws in the conduct of her own personal tax affairs.<br><br>Failing to take reasonable care in the preparation and lodgement of income tax returns (ITR) for five clients resulting in the ITRs being amended by the Australian Taxation Office (ATO) and the clients having tax shortfalls. <br><br>In consideration of the seriousness and repeated nature of Ms Petrovsky’s conduct:<br><br> • the Board determined that Ms Petrovsky had ceased to meet the registration requirement of being a fit and proper person based on her breaches of the Code and her failure to appreciate the seriousness of her conduct; and<br><br> • the Board accordingly decided to terminate her registration in accordance with subparagraph 60-125(2)(b)(ii) and paragraph 40-5(1)(b) of the TASA. <br><br>The Board also determined in accordance with subsection 40-25(1) of the TASA that Ms Petrovsky should be prohibited from applying for registration under the TASA for a period of two years from the date that termination of her registration takes effect. <br>