Tribunal upholds TPB sanctions against tax agents

Yasmine Raso

Senior Journalist, Financial Newswire

17 January 2025

The Tax Practitioners Board (TPB) has welcomed the decision of the Administrative Review Tribunal (ART) to uphold sanctions brought against disqualified tax agents in three separate cases.

In each case from December 2024 to January 2025, the TPB imposed bans on the involved tax agents from seeking re-registration of up to four years following findings of serious misconduct, including making false and misleading statements and being in breach of honesty and integrity obligations.

Shonek Raj Diwakar and two associated company tax agents from SNS Diwakar Pty Ltd and Tax on the Beach Pty Ltd in Sydney were found to not be fit and proper, not compliant with tax obligations, not have appropriate professional indemnity insurance coverage and had provided false information to investigators.

Sydney-based Constantine Kambourakis was found to have breached his tax compliance and made false statements in his continuing professional education log regarding his compliance with the relevant obligations.

Ruaidhri Carslake from Can Do Accounting Services Pty Ltd in Queensland was determined to not be fit and proper and the business had its registration terminated due to several code breaches, including false declaration and inadequate supervision and control over the tax services provided to clients.

“These cases recognise the public interest in all tax practitioners acting with honesty, in supporting their clients, preserving professional and ethical standards, and in building community confidence in the integrity of the tax system,” TPB Chair, Peter de Cure AM, said.

“The TPB will take a firm approach in addressing serious misconduct that undermines public confidence and brings disrepute to the tax system and the profession. This is reinforced by the obligations under the Tax Agent Services (Code of Professional Conduct) Determination 2024 (Determination).”