Document ID: chunk:federal_register_of_legislation:C2025C00107:body:0:p53
Version: federal_register_of_legislation:C2025C00107
Segment Type: other
Provision Reference: 
Character Range: 135605–138365

obligations or entitlements of an entity that arise, or could arise, under a *BAS provision; or
 (ii) advising an entity about liabilities, obligations or entitlements of the entity or another entity that arise, or could arise, under a BAS provision; or
 (iii) representing an entity in their dealings with the Commissioner in relation to a BAS provision; and
 (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 a BAS provision;
 (ii) to claim entitlements that arise, or could arise, under a BAS provision.
 (1AA) A *tax agent service that relates to any of the following is also a BAS service:
 (a) section 9 of the A New Tax System (Australian Business Number) Act 1999;
 (b) sections 202CD and 202CF of the Income Tax Assessment Act 1936;
 (c) the Superannuation Guarantee Charge Act 1992;
 (d) Part 3B of the Superannuation Industry (Supervision) Act 1993;
 (e) Part 5‑30 in Schedule 1 to the Taxation Administration Act 1953.
 (1AB) A *tax agent service that relates to the Superannuation Guarantee (Administration) Act 1992 is also a BAS service to the extent that it relates to a payroll function or payments to contractors.
 (1A) The Board may, by legislative instrument, specify that another service is a BAS service.
 (2) A service specified in the regulations for the purposes of this subsection is not a BAS service.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

90‑15  Meaning of tax (financial) advice service
 (1) A tax (financial) advice service is a *tax agent service (other than within the meaning of subparagraph (1)(a)(iii) of the definition of that expression) provided by a *financial services licensee or a *representative of a financial services licensee in the course of giving advice of a kind usually given by a financial services licensee or a representative of a financial services licensee to the extent that:
 (a) the service relates to:
 (i) ascertaining liabilities, obligations or entitlements of an entity that arise, or could arise, under a *taxation law; or
 (ii) advising an entity about liabilities, obligations or entitlements of the entity or another entity that arise, or could arise, under a taxation law; and
 (b) the service 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 a taxation law;
 (ii) to claim entitlements that arise, or could arise, under a taxation law.
 (2) The Board may, by legislative instrument, specify that