Shane Roberts and Associates Pty Ltd

Complaints the Board can consider

The Board can deal with complaints which are directly related to tax agent services such as preparing tax returns and objections, and matters that reflect on an agent’s character, integrity and general fitness to be registered as a tax agent.

The Board can consider complaints about your agent’s conduct, such as:

• negotiating your refund without your authority;
• failing to forward on your refund in a timely manner;
• refusing to release your documents without a lawful reason;
• misconduct, such as falsifying your tax return;
• lodging your return without your authority;
• neglecting your tax affairs;
• continually lodging returns late;
• failing to pass on correspondence;
• continually failing to respond to phone calls or letters; and
• negligent, criminal or fraudulent conduct.

The Board will not take action on complaints which are clearly frivolous, vexatious or not made in good faith.

The Board cannot take action on complaints against unregistered 'tax agents' or preparers, however it will refer them to the Tax Agent Investigation Unit of the Australian Taxation Office for investigation.

The Board cannot help you resolve disputes over fees—these are considered commercial matters and the Board will not get involved. The following are some suggestions which may assist you to resolve fee disputes:

• Obtain an itemised account from the tax agent detailing the charges and services provided.
• Discuss the account and reasons for the charges with the tax agent.
• If you still consider the fees are unreasonable, ask the agent if they are willing to negotiate a fee which is acceptable to both parties.
• If you cannot reach an agreement, seek advice from the Office of Consumer Affairs/Fair Trading or your legal adviser.