13 May 10 Previously unregistered persons of registered tax agent firms - transitional arrangements
The Taxation Institute has received advice from the Chair of the Tax Practitioners Board, Dale Boucher, clarifying the operation of the transitional notification option (Special Rule 4) for previously unregistered partners, directors and employees of registered tax agent firms.
The advice is as follows:
"Notification option for previously unregistered partners, directors and employees of registered tax agent firms.
There may be circumstances where partnerships and companies, which were previously registered, had within them individuals who were not required to be registered. These individuals may have been providing what are now defined as tax agent services. These people were not required to be registered because relevant services were provided under the firm’s agent registration.
In these circumstances, the Board will treat such persons within firms who were not in fact registered but were providing tax agent services, as defined, as not being required to be registered and therefore being eligible to notify under Special Rule 4.
This view of the Board is not and is not intended to be inconsistent with previously expressed views of the Board concerning certain agents providing specialist services within a firm. As the Board has indicated, such specialists may use Special Rule 13 to become registered."