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When is giving advice about tax laws legal?
Published on 01 Jul 13 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
This article examines Commonwealth, state and territory laws which regulate who may engage in legal practice and who may provide tax agent services. The article is extracted from a much longer paper examining the issues which was presented at the 2013 NSW Tax Forum. In Victoria, at least, a tax agent who gives advice as to income tax matters, or provides documents, in his or her capacity as a tax agent does not give what is ordinarily understood as legal advice and therefore may not engage in legal practice. This fiction is known as the “Felman Bubble”.
The author concludes that, since tax agents provide a significant proportion of the advice about the taxation laws, anecdotally even advising lawyers on a regular basis, the time has arrived for the fictitious Felman Bubble to be legislatively enshrined but accepts that, in the face of the federal–state and state–state rivalries, that outcome will be achieved only with sustained and joint lobby action by the various professional bodies representing tax agents.
Author profile
Christopher Wallis
Chris Wallis, CTA, Barrister and Accredited Mediator has over 35 years in practice. Chris’ has earned reputation for achieving satisfactory outcomes for clients in long and difficult disputes with revenue authorities by doing the “hard yards” and without having his clients enter the witness box. Day to day Chris’ work involves working with practitioners to fend off the TPB; SMSF members/directors to fend off the Regulator; and family lawyers and accountants in a relationship breakdown to trace assets and identify tax exposures. Chris provides easily read and comprehensive advice in relation to trusts or real property and is a regularly published author. Over 35 years Chris has delivered more than 150 presentations around Australia for the various professional bodies, the Australasian Tax Teachers Association, the Television Education Network, the Tax Bar Association, and the late Gordon Cooper’s Problems in Practice. - Current at 23 July 2024
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