Document ID: chunk:federal_register_of_legislation:F2025C00168:reg:100
Version: federal_register_of_legislation:F2025C00168
Segment Type: reg
Provision Reference: reg 100
Character Range: 28096–29884

100  Application—instrument as originally made

Application
 (1) Except as otherwise provided in this instrument, the obligations included in this instrument on the day it commences (the commencement day), apply on or after:
 (a) in relation to a registered tax agent or BAS agent, that has 100 employees or less as at 31 July 2024—1 July 2025;
 (b) otherwise—1 January 2025.

Employee count to be undertaken at the practice or firm level
 (2) For the purposes of paragraph (1)(a), where a tax agent or BAS agent is an employee or member of a partnership or company that is also a registered tax or BAS agent, the employees of the partnership or company (or any other entity connected with, or an affiliate of, the partnership or company) are to be counted in determining how many employees a registered tax agent or BAS agent has.
 (3) If a registered tax agent or BAS agent stops being an employee or member of a partnership or company that is also a registered tax or BAS agent (old firm), and starts being an employee or member of another partnership or company that is also a registered tax or BAS agent (new firm) during the period starting on the commencement day and ending on 30 June 2025, then whether paragraph (1)(a) or (1)(b) applies to a tax agent or BAS at a particular time is to be determined based on whether they were an employee or member of the old firm or new firm at that time.

Record-keeping and false or misleading statements
 (4) To avoid doubt, section 15 (about false or misleading statements) applies to statements made, and section 30 (about the keeping of proper client records) applies to tax agent services provided, on or after the day the sections begin to apply to the registered tax agent or BAS agent under subsection (1).

Division 2—Transitional