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Legislation

Bookkeepers providing BAS Services

If you are a bookkeeper who provides BAS related services to clients as part of a business, you need to be aware of the legal restrictions regarding who can charge a client for the provision of such services.

What is the new Tax Agents Services legislation?

The new legislation package which commenced on 1 March 2010, consists of the Tax Agents Services Act 2009 (TASA 2009), the Tax Agents Services Regulations 2009 (TAS Regulations 2009), and Tax Agents Services (Transitional Provisions and Consequential Amendments) Bill 2009 (Transitional Bill).

What is a BAS Service? (Sec 90-10(1) of TASA)

A BAS service is a *tax agent service:

(a) that relates to:

1. ascertaining liabilities, obligations or entitlements of an entity that arise, or could arise, under a *BAS provision; or
2. advising an entity about liabilities, obligations or entitlements of the entity or another entity that arise, or could arise, under a BAS provision; or
3. representing an entity in their dealings with the Commissioner in relation to a BAS provision; and

(b) that is provided in circumstances where the entity can reasonably be expected to rely on the service for either or both of the following purposes:

1. to satisfy liabilities or obligations that arise, or could arise, under a BAS provision;
2. to claim entitlements that arise, or could arise, under a BAS provision.

Eligibility Requirements (Part 2 of Schedule 1 of TASR)

In order to be eligible for registration as a BAS Agent an individual must meet one of the following requirements.

• Certificate IV Financial Services (Accounting or Bookkeeping) from a registered training organisation or equivalent institution, completion of an approved course in GST BAS taxation principles, and a minimum of 1400 hours relevant work experience in the preceding three years.
• A voting member of a recognised BAS agent association or recognised tax agent association, a minimum Certificate IV Financial Services (Accounting or Bookkeeping) from a registered training organisation or equivalent institution, completion of an approved course in GST BAS taxation principles, and a minimum of 1000 hours relevant work experience in the preceding three years.
http://www.tpb.gov.au