Introduction

The so-called BAS Agent laws are contained within the Tax Agent Services Act 2009 and two related pieces of legislation. The legislation calls for the introduction of a national Tax Practitioners Board who, among other things, will oversee and regulate the supply of BAS Services to the public. The new BAS Agent Laws take effect from 1 March 2010.
 
Only bookkeepers who have applied to the Board for registration as a BAS Agent will be permitted to render BAS services to their clients. BAS services have been more stringently defined and capture the majority of services provided by most bookkeepers. The legislation imposes a range of civil penalties ranging from $5,500 to $137,500 (per offence) for illegally providing, representing that you provide, or advertising that you provide, BAS services.
 
ABN has remained at the forefront of this issue through our participation in the Tax Office’s Bookkeeping Advisory Group (BAG), our periodical consultation with Treasury and the various written submissions we have made.
 
Because the BAS Agent legislation stands to greatly affect our members, we have put together on this page of our site a number of resources to assist you in gaining an understanding of the new BAS Agent Laws and how they will affect your businesses.

 

 

We realise that some of our members will want to become BAS Agents and some of our members will not. ABN’s goal has always been to provide the very best product and service offering to our member base – regardless of the pathways they choose to take. With this in mind, we would like to unveil the latest arm to the ABN model.

ABN BAS will be a BAS Agent in its own right, and will provide technical support and resources to BAS Agents, and review and lodgement services to Non-BAS Agents.

If you are not a BAS Agent …. then let ABN BAS serve as the BAS Agent. We will review your work and lodge your client’s BAS. This enables you to continue to make BAS Services available to your clients and access lodgement extensions. You simply pay us a fee per BAS for review and lodgement.

If you are a BAS Agent … then let ABN BAS serve as your right-hand. We will be providing a range of valuable offerings to assist you in your BAS Agent responsibilities, including a complimentary advice line.

Membership of ABN BAS will be complimentary and automatic to all Australian Bookkeepers Network (ABN) members.  ABN BAS will be launching its own web site in the coming weeks which will contain further details.

 

 Tax Agent Services Act 2009 (Passed 12 March 2009)

 

 

Following its release, Treasury sought and received considerable public industry feedback and made a number of modifications. On 13 November 2008 the Tax Agent Services Bill and Explanatory Memorandum – but not the “Regulations” and the “Transitional Rules” -were introduced to Parliament.

 

Parliament then referred the Bill to the Standing Committee on Economics for further discussion. The Standing Committee invited further industry feedback and, on 6 February 2009, held a Senate Enquiry on the subject. On 12 March 2009 the Senate approved the Tax Agent Services Act 2009 without amendments. 

 

The “Transitional Rules” and “Regulations” which broadly speaking deal with the practicalities of the main Act were subject to an extensive process of public consultation.

 

The Transitional Provisions were introduced into the Lower House of Parliament on 24 June 2009 following reference to a Senate Standing Committee who modified the Bill following industry submissions. These Provisions were passed by Parliament on 29 October 2009 and then received Royal Assent on 16 November 2009.

 

The Regulations were released in exposure draft form for public and industry feedback on 2 August 2009. Key elements of the exposure draft Regulations included:

The Regulations, which do not require Parliamentary approval, were finalised on 13 November 2009.

 

The new BAS Agent Laws were to commence no later than nine months following the granting of Royal Assent to the Transitional Bill (which, as stated, was 16 November 2009).

 

On Thursday 26 November 2009, the Assistant Treasurer, Nick Sherry, announced the commencement date of the BAS Agent Laws. Despite industry speculation that it would begin in January, the Act will in fact commence on 1 March 2010.

ABN's Submissions to Government

ABN has been involved in several submissions to Treasury on the draft BAS Agent Legislation.

 

Our first submission, on 9 August 2007, was prepared in conjunction with other delegates of the Bookkeeping Industry Group (BIG). Click here to download this submission.

 

Our second submission was dated 26 June 2008 and was prepared solely by ABN. Click here to download this submission.

 

Additionally, ABN provided a submission to the Standing Committee on Economics on 9 January 2009. Click here to download this submission.