The Tax Institute * Chartered Accountants Australia and New Zealand *
Registration date
30/03/1995
Status
Address
Level 13 135 King Street Sydney New South Wales 2000
Other records
Expiry date
01/05/2019
Condition
Sanctions
None on record
Appeal
Board decision
CXL Reason
Disqualification
<strong>Period of Effect:</strong> 14/12/2023 to 14/12/2025<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> 14/12/2023<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(2) - You must comply with the taxation laws in the conduct of your personal affairs</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>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 31 March 2022, after completing an investigation the Tax Practitioners Board (TPB) found Mr Terry Borella had breached subsections 30-10(2) and 30-10(14) of the Code of Professional Conduct (Code) in the Tax Agent Services Act 2009 (TASA). <br>The TPB also determined that Mr Borella ceased to meet the tax practitioner registration requirement under paragraph 20-5(1)(a) of the TASA in that he is no longer a fit and proper person to remain registered with the TPB. <br>The TPB found Mr Borella had breached the Code by:<br>• failing to lodge Business Activity statements by their respective due dates,<br>• failing to pay his outstanding taxation debts as and when they fell due by defaulting on his previous payment arrangement with the ATO and continuing to accrue these debts,<br>• failing to comply with the requirements of an order issued by the TPB in relation to his personal tax obligations,<br>• failing to comply with the timeframe specified in an order issued by the TPB, to complete a TPB approved course and provided evidence of completion within a specified time period,<br>• failing to respond to requests from the TPB in a timely, responsible and reasonable manner.<br>Accordingly, the TPB decided to terminate the tax agent registration of Mr Borella in accordance with paragraph 40-5(1)(b) of the TASA on the basis that he was not a fit and proper person and imposed a period of 2 years during which he may not apply for registration, in accordance with subsection 40-25(1) of the TASA.<br>On 26 May 2022, Mr Borella applied to the Administrative Appeals Tribunal (AAT) for a review of the TPB’s decision. On 15 November 2023, the AAT decided to affirm the TPB’s decision to terminate his tax agent registration and impose a 2-year non-application period.<br><br>A copy of the AAT’s decision can be found here: <br>https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2023/3748.html<br>