Tax Agent Services (Specified BAS Services No. 2) Instrument 2020 (Cth)

Tax Agent Services (Specified BAS Services No. 2) Instrument 2020

I, Ian Klug AM, Chair of the Tax Practitioners Board, make the following instrument under the Tax Agent Services Act 2009.

Dated 17 August 2020

Ian Klug AM Chair

Section ^1

^1 Name of instrument

This instrument is the Tax Agent Services (Specified BAS Services No. 2) Instrument 2020.

^2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

^3 Authority

This instrument is made under subsection 90-10(1A) of the Tax Agent Services Act 2009.

^4 Definitions

In this instrument:

BAS service has the meaning given by section 90-10 of the Tax Agent Services Act 2009

Commissioner means the Commissioner of Taxation

Service means a service:

(a) that relates to:

(i) ascertaining liabilities, obligations or entitlements of an entity that arise, or could arise, under section 5; or

(ii) advising an entity about liabilities, obligations or entitlements of the entity or another entity that arise, or could arise, under section 5; or

(iii) representing an entity in their dealings with the Commissioner under section 5;

(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:

(i) to satisfy liabilities or obligations that arise, or could arise under section 5;

(ii) to claim entitlements that arise, or could arise, under section 5.

^5 Specified services that are BAS services

For subsection 90-10(1A) of the Tax Agent Services Act 2009, the following services are specified as a BAS service:

(a) a service under the Superannuation Guarantee (Administration) Act 1992 to the extent that the service relates to a payroll function or payments to contractors;