Former EY partner Peter Mark White has had his tax agent registration terminated after the Tax Practitioners Board found White had engaged in serious and deliberate misconduct.
White was also the sole director of an associated company, Albus Advisory Pty Ltd. He has had his tax agent registration terminated with the maximum 5-year ban being applied.
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The TPB alleges that White had engaged in misconduct involving multiple breaches of the Tax Agent Services Act 2009 and the Code of Professional Conduct. This resulted in a finding of Mr White no longer being a fit and proper person to remain registered.
The TPB findings related to dishonesty, integrity, competence, conflicts of interest and obstructing the administration of the tax laws, including:
- Devising tax minimisation schemes for clients
- Personal tax evasion in relation to his professional fees
- False statements to the ATO asserting that professional fees were gifts
- Failure to register and pay GST liabilities of $205,000
- Failure to lodge activity statements and income tax returns
- Failure to pay a tax debt of $2 million.
EY terminated White’s membership of the partnership in August 2022 after its own review. As part of a related matter, the ATO has initiated a promoter penalty case against Mr White in the Federal Court of Australia.
The TPB chair, Peter de Cure, said there was no future for tax agents associated with tax avoidance or evasion.
"White’s misconduct harmed his clients, his firm, the tax profession and the tax system, and requires the maximum penalty of deregistration and exclusion for 5 years," said de Cure.
"This case demonstrates close collaboration between the TPB and ATO to address professional misconduct and tax schemes that could undermine services and support provided by Government to the Australian community."
De Cure welcomed the Government’s recent reforms to the improve the integrity of the tax regulatory system through improved professional standards and enhanced intelligence, disclosures, investigative powers and resources.
"This case reinforces high professional standards required of all tax advisers, including compliance with their own tax obligations," he said.
The TPB sanctions against White and his company, Albus Advisory Pty Ltd, are subject to an ongoing administrative appeal, however the Administrative Review Tribunal was briefed on the serious nature of these cases and refused both stay applications.
Miranda Brownlee
AUTHOR
Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.
Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.