Sydney man handed $1.8 million fine after illegally preparing thousands of tax returns
Australia's Federal Court has imposed its largest civil penalty to date on a Sydney man for illegally preparing thousands of tax returns over a four-year period.
Jayden Van Dyke has been fined $1.8 million after admitting to preparing and lodging 3,300 income tax returns despite not being a registered tax agent.
The court has also ordered Van Dyke to cover the Tax Practitioners Board's (TPB) costs and has permanently barred him from providing tax agent services for any fee or reward while unregistered.
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The Federal Court has handed down the highest total civil penalty for a Tax Practitioner Board application. Peter Rae
If he breaches the order, Van Dyke may face imprisonment or other penalties for contempt.
Justice Abraham found that Van Dyke's conduct was deliberate and aimed at financial gain.
The court heard that he obtained $1.6 million, typically charging $500 for each income tax return he prepared and lodged.
Van Dyke was able to lodge the tax returns by obtaining the taxpayer's MyGov login details.
"Mr Van Dyke sought to minimise his conduct, giving explanations which downplayed the circumstances in which he committed the contraventions," Justice Abraham said.
"The respondent's counsel sought to advance this as a positive attribute, being evidence that Mr Van Dyke appreciates the seriousness of the position he is in.
"I do not accept that submission...That said, this was deliberate, repeated, and sustained conduct, which continued (seemingly unabated initially, but later to a lesser degree), even after being warned of legal action in the cease-and-desist letter."
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The court heard that he obtained $1.6 million, typically charging $500 for each income tax return he prepared and lodged.
TPB chairman Peter de Cure said he welcomed the penalty and the accused continued to defy the law by representing himself as a registered tax agent when he knew it was wrong.
"In doing so, he exposed many taxpayers to a scenario where they were receiving tax agent services without the protections offered by a person who is doing the right thing by being registered under the Tax Agent Services Act 2009 and maintaining appropriate standards including professional indemnity insurance," he said.
"Mr Van Dyke also concealed the income he earned from the misconduct from the Australian Taxation Office, illustrating further the serious nature of the respondent's behaviour."
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