Review of eligibility requirements for registration with the Tax Practitioners Board
The Tax Institute welcomes the opportunity to make a submission to the Treasury regarding the Review of eligibility requirements for registration with the Tax Practitioners Board (TPB) consultation paper (Consultation Paper).
The origins of this consultation are recommendations 4.1 to 4.5, and 4.9(a) from the Final Report of the 2019 Review of the Tax Practitioners Board (the James Review). Over the past five years, the professional associations have made numerous attempts to engage with the Treasury on the Government’s response to the James Review. Implementation of the remaining recommendations from the James Review was one area of consultation proposed in the Government’s announcement on 6 August 2023.
Concerningly, when this consultation was initially opened, only three weeks were allocated for feedback from the tax profession on the critical and systemic changes proposed in the Consultation Paper. After numerous extension requests were made by stakeholders, a one-week extension was provided by the Treasury. We acknowledge and appreciate this additional time to provide feedback. However, we are of the view that it remains insufficient to adequately consider the numerous and complex issues contained in the Consultation Paper, some of which are only mentioned in passing, and risks creating perceptions among stakeholders that the consultation process has not been inclusive and collaborative.
Stakeholders of the tax profession require sufficient time to gather information and understand the practical implications before they can finalise their position and provide recommendations on the questions raised in the Consultation Paper. Rushed consultation reduces effectiveness, increasing the risk of poor policy outcomes and unintended consequences, potentially compromising the integrity of the tax system and adversely affecting the tax profession and broader community.
Further, the Consultation Paper’s lack of clarity on the policy intent or direction of certain proposals hinders our ability to provide meaningful feedback on related questions. In addition to the lack of clarity on the policy intent, the presence of errors in interpretation and references throughout the Consultation Paper raises concerns about the thoroughness of the consultation process.
For the reasons stated above, our comments in this submission are confined to broader proposals and do not attempt to address each question raised in the Consultation Paper.
Our detailed responses to the proposals are contained in Appendix A.
Our submission is intended to be a starting point for further conversation and consultation. We consider it essential to ensure an ongoing dialogue between the Treasury, the TPB, and the tax profession on the matters contained in the Consultation Paper and ways in which it may be improved. Such an open and collaborative process will help to ensure the eligibility requirements are appropriate in the current environment and fit for future use.
To this end, we would be pleased to continue to work with the Treasury and the TPB on the proposed reforms. Please contact our Senior Advocate, Robyn Jacobson, on (03) 9603 2008 to arrange a time to workshop the issues further or discuss any aspect of our submission.
The Tax Institute is the leading forum for the tax community in Australia. We are committed to shaping the future of the tax profession and the continuous improvement of the tax system for the benefit of all. In this regard, The Tax Institute seeks to influence tax and revenue policy at the highest level with a view to achieving a better Australian tax system for all.