FA 2012, Sch 38 relates to dishonest conduct by tax agents.
Dishonest conduct
A person engages in dishonest conduct if, while acting as tax agent, the person does something dishonest with a view to bringing about a loss of tax revenue, regardless of whether such a loss arises, or whether the person is acting on the instructions of a client. Such a loss may arise from paying less tax or claiming more tax, or by advancing a tax claim or deferring a tax payment, in a way which is not permitted by law. A dishonest action includes dishonestly omitting to do something, or advising or assisting a client to do something dishonest1.
The level of the penalty for dishonest conduct by a tax agent depends on:
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•ÌýÌýÌýÌý whether the dishonest conduct was disclosed
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•ÌýÌýÌýÌý if the dishonest conduct was disclosed, whether the disclosure was prompted or unprompted
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•ÌýÌýÌýÌý the quality of compliance with any related file access notice
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