Complete business activity and instalment activity statements in Australia

Providing BAS Services

A BAS agent is permitted to only provide services relating to BAS provisions whereas a tax agent may provide services relating to taxation law.

BAS provision is defined in $995-1 of ITAA 1997 to mean:

The Collection and Recovery of Tax provision in the FBT Act 1986, Pt VII,

The indirect tax law (which means the GST law, the wine tax law, the luxury car tax law or the fuel tax law), and

The Pay As You Go (PAYG) Withholding and Instalment provisions in the Taxation Administration Act 1953 Sch1 Pts 2-5 and 2-10.

The following are also included in BAS service:

Ascertaining or advising about the liabilities, obligations or entitlements of a client under a BAS provision,

Representing a client in their dealings with the Commissioner of Taxation in relation to a BAS provision, or

Where it is reasonable to expect a client will rely on the service to satisfy liabilities or obligations to a claim entitlements under a BAS provision.

Entering data, paying tax, record keeping functions and other administrative duties are not BAS services.

Services provided by a customs broker under the Customs Act 1901 Pt XI, relating to imports or exports are not BAS agent services.

Legal practitioners are not required to register if the service is within their professional legislation and does not consist of preparing or lodging a return or a statement in the nature of return

BAS Agents

BAS agents must be registered with the TPB. A BAS agent may be an individual, partnership or company. If the BAS agent is a partnership or company, a sufficient number of individuals (being registered BAS agents) are required to provide BAS services to a competent standard, and to supervise other employees.

A BAS Service Provider (BSP) is either:

• A registered tax agent
• A registered BAS agent.
• An employee who conducts BAS services for a company or partnership that is a registered BAS agent.

You may not provide a BAS service for a fee. You may still, however, enter transactions into accounts that are then used for determining a taxation position,

The requirements and recommendations apply to bookkeepers providing BAS services for a fee and the registered tax agents under whose direction they are working

BAS agents who charge for BAS services are required to be registered with the TPB. To be registered they must hold certain academic qualifications and meet experience requirements

Based on the information above, answer the questions

1. Explain the difference between the terms 'BAS Services' and 'BAS Provisions'

• BAS Services:
• BAS Provisions (include list all of the BAS Provisions):

1. Who is qualified to be a BAS Service Provider?

(Note: this question is not asking about 'BAS Services')