Marsh & Partners Qld Pty Ltd
ACN 103 868 926
TASA – Code of Professional Conduct (Code); and
Tax Agent Services (Code of Professional Conduct) Determination 2024 (Determination)
The following terms form part of our Engagement Terms and are with effect from 1 July 2025:
1. We may need to notify the Tax Practitioners Board (TPB) if we, or in our belief another registered tax agent, has breached the Code, and the breach is a significant breach within the meaning of TASA. We may be required to notify that other tax agent’s professional body of the significant breach.
2. We must at all times uphold and promote the ethical standards of the tax profession independently, and in cooperation with other registered tax agents. We are obliged to consider whether our clients create any threats to our compliance with the Code, and where we cannot ameliorate such risk, reserve the right to immediately terminate our engagement with you and no longer provide our services.
3. Where we, or someone else on our behalf, makes a statement to the ATO, the TPB or any other Australian government agency, that we know is false or misleading in a material particular, or omits any matter or thing without which the statement is misleading in a material respect (Inaccurate Statement), we must have the Inaccurate Statement corrected within a reasonable period of time.
Where we subsequently detect that an Inaccurate Statement has been made, in circumstances where there was either:
a. a failure to take reasonable care in connection with the preparation or making of the statement; or
b. recklessness as to the operation of a taxation law (Recklessly); or
c. intentional disregard of a taxation law (Intentional Disregard);
we are obliged to advise you that the statement should be corrected within a reasonable period of time and the consequences of not correcting the statement.
If the Inaccurate Statement has not been corrected within a reasonable period, and was made either Recklessly, or in an Intentional Disregard, we are obliged to terminate our engagement with you, and are prohibited from providing any further services to you.
However, despite our termination of the engagement, if we believe, on reasonable grounds, that the refusal to have the Inaccurate Statement corrected has caused or may continue to cause substantial harm to the interests of others, we must also notify the TPB or the ATO of all relevant matters, circumstances and events or otherwise take any further action as we reasonably consider is needed in the public interest. These requirements are in addition to our NOCLAR obligations referred to above.
4. We must maintain records of all the work we have done for you and any tax advice that might be given to you for a period of at least five years after the advice has been provided. We must still retain all records after five years even if you are no longer a client. We may be compelled to divulge that advice to third parties, and if we do, we will advise you before doing so.
5. If we are required to obtain specialist tax advice, or engage with offshore service providers (OSP), as part of our services to you, we are required to ensure that the specialist or OSP we have retained maintains relevant knowledge and skills. We are also required to appropriately supervise that specialist or OSP.
6. We may, if necessary, be required to obtain legal or other advice to assist us in providing our services, complying with the Code or Determination, including if there has been a significant breach, or whether an Inaccurate Statement has been made, and if there needs to be any disclosure to any third party. We reserve the right to use any advisor/s that we believe is appropriate, provided our choice, and the costs involved, is reasonable. Despite anything else in these Terms, we will advise you beforehand but reserve the right to invoice our time at our usual rates specified above, and pass on any costs we have incurred to you as a disbursement in our usual invoices.
7. We are required to advise you of the following:
a. The TPB maintains a public register of tax agents. You can access the register at https://www.tpb.gov.au/public-register and search the register by either practitioner name, location or registration number. The register contains details of currently registered tax practitioners, and those who are currently unregistered;
b. You can make a complaint about a service we have provided to the TPB. For more information visit: https://www.tpb.gov.au/complaints
c. This factsheet prepared by the TPB sets out our rights, responsibilities and obligations under TASA to you and what obligations you have to us.
d. We are required to notify you of any prescribed matters set out in the Determination which have occurred within the previous five years (but commencing from 1 July 2022). If we are required to make any notification about any matter, we will do so in writing by disclosing it on our website and also by email within 30 days of becoming aware of the matter, or upon engagement or re-engagement of us to provide our services to you. You may also request that we provide you with such details at any time.
