客户资料
登记表格 Client
Registration Form

Bryanbo & Co Pty Ltd — Terms of Engagement

Tax practitioners are regulated under the Tax Agent Services Act 2009 (TASA). Our registration details can be verified at www.tpb.gov.au/public-register — Practitioner: Bryanbo & Co Pty Ltd, Registration No. 25 489 456.

1. Purpose and Scope

Bryanbo & Co Pty Ltd has been engaged to prepare and lodge your Individual Income Tax Return and/or other taxation and business services as selected. Unless otherwise agreed, we will prepare and lodge your annual income tax return on an ongoing basis. Before lodgement, we will forward the document to you for approval. If you are late in providing information, we will do our best to meet time limits but will not be responsible for any late lodgement penalties or interest charges.

2. Term of Engagement

Our engagement commences once you indicate acceptance by signing this form and continues until terminated by either party. You may terminate at any time by notifying us in writing. We reserve the right to terminate by providing 14 days' written notice.

3. Responsibilities and Obligations

You are responsible for providing all relevant information accurately and in a timely manner, and for the accuracy and completeness of the information provided. You have obligations under the self-assessment regime to keep full and proper records. Any advice we provide is only an opinion based on our knowledge of your particular circumstances — it does not constitute a definitive ruling and should not be relied upon as such. We cannot provide taxation services if information is false or misleading and you are not prepared to correct it. You must have all source documentation available for at least 5 years. Any rectifying work due to incorrect or late information is outside scope and will be charged as additional services.

4. Ownership of Documents

Tax returns and original documents provided by you remain your property. Working papers and draft documents remain our property. If services are terminated, we are entitled to retain your documents until all outstanding fees are paid in full.

5. Fees, Disbursements and Trust Monies

Services are provided on a fee-for-service basis. Unless otherwise stated, invoices are payable within 7 days of issue. Estimates are indicative only and not binding. Fees do not cover ATO inquiries or investigations. If you fail to make a required trust deposit, we may suspend or terminate the engagement. You authorise us to apply trust monies held on your behalf toward payment of our fees.

6. Additional Services

Our fee applies only to the taxation services within the scope of this engagement. Additional services (e.g. tax planning advice, ATO correspondence outside initial assessments) will be quoted and charged separately.

7. Complaints and Dispute Resolution

Please contact Bo Feng in the first instance. If unresolved, you may escalate to the TPB at myprofile.tpb.gov.au/complaints. Fee complaints may be directed to Consumer Affairs or the Office of Fair Trading in your State or Territory.

8. Confidentiality

We have an ethical duty and legal responsibility to keep your information confidential and will not disclose it without your permission, unless legally required. Disclosure may occur in response to professional/regulatory inquiries, quality review programs, or to protect our professional interests in legal proceedings. You hereby authorise us to do so when appropriate.

9. Use of Third-Party Service Providers

We may use the following third-party providers: Xero, Dropbox, Zoho Mail. Information that may be disclosed includes signed tax returns and substantive documents. You hereby authorise us to disclose information to such third parties to assist in performing our services. We remain responsible for their conduct.

10. Non-Compliance with Laws and Regulations (NOCLAR)

If we detect conduct that may constitute NOCLAR with a material effect on documents to be provided to a regulatory authority, we may have a professional requirement to disclose. We will follow a formal process including advising you of our concerns and, if necessary, seeking legal advice. You agree to release us from any claim for costs or losses arising from our required disclosure.

11. Losses from Unauthorised Cyber Activity

We will take all reasonable precautions to securely store your information. However, we cannot be held liable for losses arising from third-party cyber activity that accesses data despite our reasonable precautions. You agree to release us from any such claim.

12. Conflicts of Interest

We will inform you if we become aware of any conflict of interest. Where conflicts cannot be managed to protect your interests, we may be unable to continue the engagement and will inform you promptly.

13. Professional Indemnity Insurance

Our firm maintains adequate professional indemnity insurance that meets the minimum requirements of the Tax Practitioners Board (TPB) as set out in TPB(EP) 03/2010.

14. Limitation of Liability

Our firm's liability may be limited by a scheme approved under Professional Standards legislation and applicable regulations of the Professional Body.

15. Authority for ATO Digital Communication Preferences

You agree to have the following types of ATO communication sent digitally to us as your registered tax agent: Income tax. You authorise us to change or withdraw our preferred address for service of ATO communications and declare that information supplied is true and correct.

16. Other Prescribed Events and Matters

We advise there are currently no matters that we are required to report to you in relation to prescribed events within the last five years (not before 1 July 2022). There are no conditions attached to our registration.

Safe Harbour Protection

As a client of a registered tax agent, you have a statutory 'safe harbour' exemption from ATO administrative penalties in certain circumstances. To benefit from safe harbour, you must provide us with all relevant taxation information that is truthful, complete, accurate, and provided in a timely manner. Tax shortfalls and interest charges will still apply even with safe harbour protection.

Your Tax Practitioner's Obligations

Under the TASA Code of Professional Conduct, we are required to: act lawfully in your best interests with honesty and integrity; manage conflicts of interest; take reasonable care to ascertain your state of affairs and apply tax laws correctly; keep your information confidential; provide services competently; not knowingly obstruct the administration of tax laws; advise you of your rights and obligations; account to you for money or property on trust; not make false or misleading statements to the TPB or ATO; and keep proper records of tax agent services provided.

1. Operation of the Self-Assessment System

Australia's tax system operates on a self-assessment basis. When your income tax return is lodged, the ATO accepts the information at face value and issues an assessment notice accordingly. However, this does not make the assessment final — the ATO can conduct a review or audit at a later time, subject to the time limits below. As a taxpayer, you have an obligation to comply with the taxation laws. Failure to do so may result in administrative penalties, interest charges, criminal prosecution, or debt recovery.

2. ATO's Power to Amend an Assessment

The ATO can amend your assessment if it finds it to be incorrect. For most individuals not carrying on a business, the ATO can amend an assessment within two years after you receive your notice of assessment. An amendment may result in increased tax, penalties, and interest. If you discover an error in your return, lower penalties generally apply if you make a voluntary disclosure. There are no time limits on the ATO amending an assessment where it believes there has been fraud or evasion.

3. Obligation to Keep Records

Tax laws require you to keep records that properly explain your transactions. Individuals claiming work-related deductions must keep receipts and invoices under the substantiation rules. Where expenses relate to interstate or overseas travel, a travel diary may be required. For motor vehicle expenses, a logbook or record of journeys may be needed. Failure to keep appropriate records can result in the ATO denying deductions, and may attract penalties and interest. Substantiation records must be retained for five years.

4. Obligation to Provide Complete and Accurate Records

It is your responsibility to provide us with truthful, complete and accurate records so we can lodge your return on time. Where you cannot provide complete records, we may be unable to prepare and lodge your return. We reserve the right to question claims for deductions that appear excessive, and may ask for further substantiation. If a claim cannot be substantiated, we reserve the right not to include it — you retain the right to lodge an objection after receiving your assessment.

4a. Records for Clients in the Cash Economy

Employees paid cash in hand risk being underpaid or having insufficient tax withheld by employers operating outside the income tax system. If the ATO considers you have not declared all wages and you lack adequate documentation, it may assess additional income tax, penalties and interest. The onus is then on you to demonstrate the assessment is excessive. Employees paid in cash are strongly urged to maintain a robust system for recording earnings.

5. Right to Seek a Private Binding Ruling

When preparing your return, we may identify one or more issues that are unclear under the tax laws. Where we have pointed such issues out to you, you have the right to request a Private Binding Ruling from the ATO. The ATO will provide a ruling setting out its view on the proper tax treatment of the issue. We will advise you about the costs involved in applying for such a ruling.

6. Right to Object Against an Assessment

If the ATO issues an assessment you disagree with, you have the right to lodge an objection, generally within two years from when the original assessment was received. Where the ATO issues an amended assessment, the objection period is generally the greater of 60 days from receipt of the amended assessment and two years from the original assessment. If you remain dissatisfied after the objection, you may apply for review by the Administrative Review Tribunal or appeal to the Federal Court.

7. Onus of Proof Falls on the Taxpayer

In any disputed assessment before a court or the Administrative Review Tribunal — whether initiated by you or the ATO — the onus of proof is on you as the taxpayer. If the Commissioner asserts that your income should include a certain amount, or that a deduction is not allowed, it is up to you to establish that the Commissioner's position is incorrect and to demonstrate the correct treatment.

8. Safe Harbour Protection

As the client of a registered tax agent, you have a statutory 'safe harbour' exemption from ATO administrative penalties in certain circumstances. To be eligible, you must provide your registered tax agent with all relevant taxation information — including all records and documents requested, plus any other information relevant to your return — that is truthful, complete and accurate, and provided by the time requested to allow lodgement by the due date. A taxpayer eligible for safe harbour will not be subject to penalties for errors identified in their tax return, although the tax shortfall and interest charges will still apply.

9. Your Tax Practitioner's Obligations to You

Under the TASA Code of Professional Conduct, your registered tax practitioner is required to:

• Act lawfully in your best interests and with honesty and integrity
• Uphold and promote the ethical standards of the profession
• Manage any conflicts of interest
• Take reasonable care to ascertain your state of affairs and apply tax laws correctly
• Keep your information confidential unless there is a legal duty to disclose
• Provide services competently
• Not knowingly obstruct the administration of tax laws
• Advise you of your rights and obligations under the taxation laws
• Account to you for money or other property held on trust
• Not make false or misleading statements to the TPB or ATO
• Address any false or misleading statements and engage with clients to explore correction options
• Keep proper records of tax agent services provided
• Keep you informed of certain matters so you can make informed decisions

10. If Your Tax Practitioner Fails to Meet Their Obligations

Possible consequences include:

• Registration suspended or terminated (they cannot practise)
• Caution or orders from the TPB (e.g. education, supervision)
• Fines imposed by the Federal Court
• Your tax and superannuation matters may not be accurate
• You may be subject to ATO enquiries or audits
• Tax shortfalls may attract penalties and interest
• You may have litigation options to review decisions and recover debts
• In cases of fraud or criminality, penalties may lead to prosecutions

This appendix has been adapted from the TPB's factsheet Information for Clients (March 2025). Tax Agent Services Act 2009 (Cth). © Bryanbo & Co Pty Ltd 2025.