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10 Jun 2021 Tax Practitioners Board

Repeated dishonest behaviour involving COVID stimulus measures by tax agent leads to termination of registration

Following a referral from the ATO, the Tax Practitioners Board (TPB) investigated and then terminated the tax agent registration of Maricar Santos Rosauro.

The TPB found that Ms Rosauro had engaged in serious misconduct which involved multiple breaches of the Code of Professional Conduct (Code) and was no longer fit to be registered. The maximum five-year ban was imposed.

The TPB found that Ms Rosauro breached the Code by failing to:

  • act honestly and lawfully in the best interests of her clients relating to COVID stimulus measures by submitting over 100 business activity statements (BAS) and 43 JobKeeper applications for clients without obtaining the necessary prior authority;
  • account to her clients for Commonwealth funds in excess of $550,000 that she received on trust as a result of lodging their BAS and Jobkeeper applications. Ms Rosauro used these funds for her personal and business expenses;
  • comply with the taxation laws in the conduct of her own affairs including failing to declare information to the ATO, pay her outstanding taxation debts and meet her lodgment obligations.

Additionally, the TPB found that Ms Rosauro made false statements to the TPB and misused the myGov platform to assume the identity of clients for the purposes of dishonestly obtaining a benefit for herself.

Read more here.

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