Tax Alert - New Tax Agent Obligations from 1 July 2025

Lowe Lippmann Chartered Accountants

New Tax Agent Obligations from 1 July 2025


From 1 July 2025, “small” firms of tax practitioners (with 100 or less employees) must ensure they are complying with the eight new Code of Professional Conduct obligations from the Tax Practitioners Board (TPB).


These new Code obligations were introduced by the Government under the Tax Agent Services (Code of Professional Conduct) Determination 2024.


The new Code obligations have already commenced for large tax practitioners (with over 100 employees) from 1 January 2025.


As tax agents, Lowe Lippmann Chartered Accountants are committed to upholding our professional and regulatory obligations, including with the Tax Agent Services Act 2009 which includes the Code of Professional Conduct as regulated by the TPB.



Our obligations


Lowe Lippmann Chartered Accountants is required to advise current and prospective tax clients of various prescribed matters.


TPB Public Register


The TPB maintains a searchable register of tax agents and BAS agents: search here.


This Register also includes details of past breaches of the Tax Agent Code of Professional Conduct and specific sanctions imposed on tax agents. The TPB has provided guidance on how to use and search the TPB Register: see TPB guidance here.


Making a Complaint


Where you have a complaint that concerns a tax agent service or BAS agent service that we have provided, you have the right to make a complaint to the Tax Practitioners Board in accordance with their complaints process described here: https://www.tpb.gov.au/complaints.


Our responsibilities


As tax agents, we must comply with the Tax Agents Code of Professional Conduct along with other legislative and professional standard obligations to our clients as well as the Australian Taxation Office (ATO) and TPB.


Our clients also have obligations to comply with taxation laws, as well as being truthful with information provided, keeping complete records, and if required, providing them on a timely basis, being co-operative with requests and meeting due dates as requested by tax agents.


Further information about tax agent and client obligations is available on the TPB website: see TPB factsheet “Information for Clients”.


Events affecting our Tax Agents


Tax practitioners are required to disclose and provide details of any of serious prescribed events that have occurred involving the practitioner since 1 July 2022.


Serious prescribed events for a tax agent include (but is not limited to):

  • having their registration suspended or terminated by the TPB;
  • being an undischarged bankrupt or went into external administration;
  • being convicted of a serious taxation offence;
  • being convicted of an offence involving fraud or dishonesty;
  • serving, or sentenced to, a term of imprisonment in Australia for 6 months or more; and
  • penalised for being a promoter of a tax exploitation scheme.


We are not aware of any such matters relevant to Lowe Lippmann Agent entities.


If a serious prescribed events occurs after 1 July 2025, we will be required to disclose the matter within 30 days of any such event.



Please do not hesitate to contact your Lowe Lippmann Relationship Partner if you wish to discuss any of these matters further.

Liability limited by a scheme approved under Professional Standards Legislation


July 7, 2026
High Court decision and ATO statement on Bendel’s Case The High Court recently handed down its decision in Bendel’s Case, confirming that an unpaid present entitlement (or UPE) between a discretionary trust and a beneficiary company does not fall within the extended definition of a “loan” for Division 7A purposes. The Australian Taxation Office released a Decision Impact Statement in response to the High Court findings, concluding the High Court's reasoning makes it clear that where a beneficiary company is entitled to a share of trust income that remains unpaid (a UPE) and the company takes no positive actions to call for payment of the entitlement, this will not fall within the expanded definition of a "loan" for Division 7A purposes. This is in contradiction to the ATO’s historical position that treated UPEs as "loans".
July 5, 2026
Government's tax reform package The Government has recently legislated several of the tax reform measures announced in the 2026 Federal Budget (and in later media releases). These include, among other things: Replacing the CGT discount with cost base indexation and a 30% minimum tax on gains accruing from 1 July 2027 (including gains on pre-CGT assets); Increasing the small business turnover threshold for the 50% active asset reduction from $2 million to $10 million; Limiting negative gearing for residential property to new residential dwellings from 1 July 2027 (subject to transitional rules); and Introducing the Working Australians Tax Offset from 1 July 2027, and the $1,000 instant tax deduction for work-related expenses from 1 July 2026. After a round of consultation, the Government has also announced further proposed measures, broadly including (among others): A new targeted CGT discount for investors in innovative start-ups; Barring SMSFs from utilising future limited recourse borrowing arrangements ( LRBAs ) to acquire residential property; and  Exempting income of discretionary testamentary trusts from the minimum tax proposed for trusts. We recently released a Tax Alert considering the legislation restricting SMSFFs using residential property LRBAs – to read click here . For full details of each of the 2026 Federal Budget announcements, please see our Federal Budget Tax Alert – to read click here .
June 28, 2026
Legislation restricting SMSFs using residential property LRBAs has now passed Parliament The Treasury Laws Amendment (Tax Reform No 1) Bill 2026 ( the Reform No 1 Bill ) was passed by Parliament on Thursday 25 June 2026. Schedule 5 of the Reform No 1 Bill amends section 67A of the Superannuation Industry (Supervision) Act 1993 to restrict future limited recourse borrowing arrangements ( LRBAs ) on real property to investments in “business real property” (as defined in section 66 of the SIS Act). Residential property of any kind is excluded from the definition of “business real property” in section 66 of the SIS Act. We note this also excludes newly constructed residential property, which is a distinction at odds with recent exemptions being given to new-builds with other Budget Night tax changes relating to negative gearing and restricting the CGT 50% discount. Super funds are not generally allowed to borrow for investments, but there has been a concession allowing a self-managed super fund ( SMSF ) to borrow money to buy single assets like property, if their loans were set up in line with particular requirements, known as LRBAs. This change means an SMSF will not be able to borrow to buy residential property after the start date of these changes.
More Posts