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07 Nov 12 Tax agent application rejected for lack of relevant experience - Re Modini

The AAT has affirmed a decision of the Tax Practitioners Board rejecting an application for registration as an individual tax agent under the Tax Agent Services Act 2009 (Cth).

The Board had rejected the applicant because it was not satisfied that she met the prescribed requirements relating to qualifications and relevant experience for registration as a tax agent under the Tax Agent Services Regulations 2009, and it was not satisfied that she was a fit and proper person within the meaning of the Act.

On review, the AAT was not satisfied that there was sufficient evidence to support a finding on the question whether the applicant was a fit and proper person to be registered as a tax agent. However, because the applicant was not represented in these proceedings and had not had the benefit of legal advice, the AAT declined to make any finding on this question.

The AAT was not satisfied from the evidence that the applicant satisfied the “relevant experience” requirement in Item 201(d) of Schedule 2 to the Tax Agent Services Regulations. The decision of the Board to reject her application for registration was affirmed.

Re Modini and Tax Practitioners Board [2012] AATA 772 (Deputy President R P Handley, 6 November 2012).

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