<strong>Period of Effect:</strong> 05/12/2023 to 05/06/2024<br/><strong>Reason:</strong> 30-20 Order[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>30-10(14) - You must respond to requests and directions from the Board in a timely, responsible and reasonable manner</li></ul><br/><strong>Explanation:</strong> On 18 October 2023, after completing an investigation, the Tax Practitioners Board (the TPB) determined that Mr Stephen Notley had breached subsections 30-10(1), 30-10(2), 30 10(7) and 30-10(14) of the Code of Professional Conduct (the Code) in the Tax Agent Services Act 2009 (TASA).<br>The TPB found Mr Notley breached the Code by:<br>1. Making false statements to the TPB on his renewal application.<br>2. Not complying with the taxation laws in the conduct of his personal affairs in respect of his related entities by:<br>a. Failing to lodge income tax returns (ITRs) and business activity statements by their respective due dates<br>b. Failing to pay outstanding obligations as and when they fell due; and<br>c. Lodging JobKeeper applications forms in circumstances where the entity was not entitled to receive the JobKeeper payments<br>3. In his capacity as sole director and sole supervising tax agent of a registered company, failing to ensure that a tax agent service that the company provided, or that was provided on its behalf was provided competently by failing to take reasonable care in the preparation and lodgement of 10 ITRs for six clients, which were subject to Australian Taxation Office compliance activities and were found to have included overclaimed, or incorrect, deduction claims that:<br>a. did not have sufficient nexus to assessable income, and/or<br>b. could not be adequately substantiated, and<br>c. resulted in tax shortfalls and shortfall penalties payable by clients<br>4. Failing to respond to requests and directions from the TPB in a timely, responsible and reasonable manner by failing to respond to TPB correspondence and requests for information reasonably and by the required due dates.<br><br>Taking into account all of the relevant circumstances, the TPB decided to impose an order under section 30-20 of the TASA, requiring Mr Notley to:<br>• Lodge all of his and his related entities outstanding obligation within six (6) months from the date of the order.<br>• Pay any outstanding taxation debts or enter into a payment plan in relation his related entities within six (6) months from the date of the order.<br>• Undertake and complete a course of education in the TASA within six (6)months of the date of the order.<br><br />[MORE_ITEM]<strong>Period of Effect:</strong> 05/12/2023 to 05/06/2024<br/><strong>Reason:</strong> 30-20(1)(a) - Education Order[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>30-10(14) - You must respond to requests and directions from the Board in a timely, responsible and reasonable manner</li></ul><br/><strong>Explanation:</strong> On 18 October 2023, after completing an investigation, the Tax Practitioners Board (the TPB) determined that Mr Stephen Notley had breached subsections 30-10(1), 30-10(2), 30 10(7) and 30-10(14) of the Code of Professional Conduct (the Code) in the Tax Agent Services Act 2009 (TASA).<br>The TPB found Mr Notley breached the Code by:<br>1. Making false statements to the TPB on his renewal application.<br>2. Not complying with the taxation laws in the conduct of his personal affairs in respect of his related entities by:<br>a. Failing to lodge income tax returns (ITRs) and business activity statements by their respective due dates<br>b. Failing to pay outstanding obligations as and when they fell due; and<br>c. Lodging JobKeeper applications forms in circumstances where the entity was not entitled to receive the JobKeeper payments<br>3. In his capacity as sole director and sole supervising tax agent of a registered company, failing to ensure that a tax agent service that the company provided, or that was provided on its behalf was provided competently by failing to take reasonable care in the preparation and lodgement of 10 ITRs for six clients, which were subject to Australian Taxation Office compliance activities and were found to have included overclaimed, or incorrect, deduction claims that:<br>a. did not have sufficient nexus to assessable income, and/or<br>b. could not be adequately substantiated, and<br>c. resulted in tax shortfalls and shortfall penalties payable by clients<br>4. Failing to respond to requests and directions from the TPB in a timely, responsible and reasonable manner by failing to respond to TPB correspondence and requests for information reasonably and by the required due dates.<br><br>Taking into account all of the relevant circumstances, the TPB decided to impose an order under section 30-20 of the TASA, requiring Mr Notley to:<br>• Lodge all of his and his related entities outstanding obligation within six (6) months from the date of the order.<br>• Pay any outstanding taxation debts or enter into a payment plan in relation his related entities within six (6) months from the date of the order.<br>• Undertake and complete a course of education in the TASA within six (6)months of the date of the order.<br>