Lodging a complaint with the Taxation Board

If you wish to lodge a complaint against your tax agent with the Tax Agents’ Board it must be made in writing and sent to the Secretary of the Tax Agents’ Board. You need to provide the Board with all relevant information including:

• your name and address;
• contact details, including both home and work phone numbers;
• details of your tax agent or the person you dealt with regarding your tax return;
• the nature of the complaint;
• history of the dispute with your agent, including:
• what you asked the agent to do for you;
• what the agent has or has not done;
• what information and records were provided to the agent;
• whether the agent requested further details and when these were provided;
• the agent’s response when you contacted them about your problem;
• whether you owe any fees to the agent.
• copies of any other documents or materials that you think may support your complaint.

The principles of natural justice require that a person be made aware of any charge or complaint made against them, and that they be given the opportunity to respond or answer the complaint or charge. To facilitate this process you will need to give the Board express consent in writing for it to use your name, contact details, and a copy of your complaint in further inquiries. This may include providing them to your tax agent or the Australian Taxation Office.

The Tax Agents’ Board may not proceed with your complaint until it receives this written consent.

After receiving your written complaint, the Board will provide relevant details to the tax agent and request the agent to respond to the matters raised in your complaint. The Board may need you to provide further information after receiving the tax agent’s response. If you do not respond within a reasonable time, the Board will consider the matter in the absence of your further input.

The Board will decide whether to consider a complaint after reviewing the following factors:

• whether the complaint relates to the conduct of your tax agent when providing tax agent services;
• whether the complaint relates to the general fitness of the agent to be registered as a tax agent;
• whether the matter should be dealt with by other relevant bodies; and
• whether the matter is serious enough to warrant further inquiry.

At the end of its consideration, the Board may caution, suspend or cancel the registration of the tax agent. Due to privacy implications, you may not be informed of the full outcome of the investigation.

If you are not satisfied with the Board’s handling of your complaint you have the right to make a complaint against the Tax Agents’ Board to the Commonwealth Ombudsman. You can contact the Ombudsman on 1300 362 072.