gita Posted May 16, 2019 Share Posted May 16, 2019 Hello everyone, I need a suggestion regarding the documents asked by immigration recently.I applied as a Tax Accountant.I am working for the company as an employee.I am not individual tax agent or tax advisor. I already got nomination approved as Tax accountant on april 9.Now the immigration asked for the license worked as tax accountant or required evidence that stating there is no need of license. Can anyone help what letter should i need to provide now so i can get visa or i need to register now. Thank you Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted May 16, 2019 Share Posted May 16, 2019 Are you using a migration agent? This kind of question is best addressed to them. Quote Link to comment Share on other sites More sharing options...
gita Posted May 17, 2019 Author Share Posted May 17, 2019 I asked my MA they are still confused.During my research I found there is no need of licensing.I want to know have anyone face same situation with this job description it would be great help. Thank you Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 17, 2019 Share Posted May 17, 2019 29 minutes ago, gita said: I asked my MA they are still confused.During my research I found there is no need of licensing.I want to know have anyone face same situation with this job description it would be great help. This is what I found on Seek regarding what is required to be a Tax Accountant. It says you need to be a member of a professional body. Could that be what they mean? https://www.seek.com.au/career-guide/role/taxation-accountant Quote Link to comment Share on other sites More sharing options...
gita Posted May 17, 2019 Author Share Posted May 17, 2019 Thank you for your help.As mention in seek I had done masters in professional accounting already.Now the question is do i have to register as CPA and complete the course to work as Tax accountant. CPA license is the higher in accounting field.It is more than tax accountant. According to Taxation board an employee in a company doesn't required license to perform that job unless we charged money to client.So as per board I dont need license. Can anyone help me out what next should be my step. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 17, 2019 Share Posted May 17, 2019 58 minutes ago, gita said: According to Taxation board an employee in a company doesn't required license to perform that job unless we charged money to client.So as per board I dont need license. Immigration asked for your licence OR evidence that you do not need a licence. If you have a letter from the Taxation Board saying you do not need a license, then that is the evidence you must submit. Quote Link to comment Share on other sites More sharing options...
gita Posted May 17, 2019 Author Share Posted May 17, 2019 Thank you for information.Now I am confused my employer should provide letter that I dont need license to work in the nominated job or taxation board. Do you think taxation board provide such letter. Quote Link to comment Share on other sites More sharing options...
gita Posted May 17, 2019 Author Share Posted May 17, 2019 The exact word for immigration is mention below so I am thinking if i register CPA program will that help.It says either registration or license. Provide evidence from the relevant Australian registration or licensing authority that you hold the relevant registration or licence or that you will be able to meet necessary registration or licensing requirement or Alternatively, provide evidence that you do not need to hold registration or a licence to work in the nominated occupation. Can you please suggest what should I do further. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 17, 2019 Share Posted May 17, 2019 6 minutes ago, gita said: The exact word for immigration is mention below so I am thinking if i register CPA program will that help.It says either registration or license. Provide evidence from the relevant Australian registration or licensing authority that you hold the relevant registration or licence or that you will be able to meet necessary registration or licensing requirement or Alternatively, provide evidence that you do not need to hold registration or a licence to work in the nominated occupation. It also says " Alternatively, provide evidence that you do not need to hold registration or a licence to work". You say the Taxation Board says you do not need a licence to work. If you have that in writing, that is your evidence. Quote Link to comment Share on other sites More sharing options...
gita Posted May 17, 2019 Author Share Posted May 17, 2019 I am afraid whether Taxation Board provide such letter to individual or not. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 17, 2019 Share Posted May 17, 2019 1 minute ago, gita said: I am afraid whether Taxation Board provide such letter to individual or not. Have you asked them? Ask them. Quote Link to comment Share on other sites More sharing options...
gita Posted May 17, 2019 Author Share Posted May 17, 2019 Thank you for your help I will enquiry about this directly to taxation board. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted May 17, 2019 Share Posted May 17, 2019 If I understand correctly. You are a professional who believes that people should use your services because you are an expert in your field and can help / save people significant amounts of money? Yet, it seems you refuse the advice of using an expert. Given you are applying for a visa that has a huge refusal rate. The visa fee is none refundable. It can come with concequences including a ban on future visas? My mind boggles with why you are not consulting an agent as recommended. Quote Link to comment Share on other sites More sharing options...
gita Posted May 19, 2019 Author Share Posted May 19, 2019 I am consulting MA but i want to do research from my side as well so i can be sure what i need to do next. Thank you Quote Link to comment Share on other sites More sharing options...
path2aus Posted May 27, 2019 Share Posted May 27, 2019 I will check with your MA and take their advise. But again if they don't know what to do then you are in trouble. You might have to take second opinion or change your representation. It is too risky to be relying on a forum where people who may have never gone through the issue you are facing right now. Quote Link to comment Share on other sites More sharing options...
gita Posted May 27, 2019 Author Share Posted May 27, 2019 I check with my MA.They said they are also not expert.I got letter from employer saying I don't need license to work in the nominated position and submitted that.Hope it will work.I am so scared now. Quote Link to comment Share on other sites More sharing options...
Mantaray Posted June 12, 2019 Share Posted June 12, 2019 I may have a similar case with you. ANSZCO states that registration/licensing "may be" required. As Tax Accountant, you need to have registration if you represent your client as a "registered tax agent" to the ATO. However, you can provide tax (financial) service as an employee representative (using your employer license) with limitations, while your employer is responsible in supervising your work and ensuring compliance with their licence and registration obligations. A supporting letter from employer stating you do not need to get any registration with TPB should somehow show proof. In my case, I argued in my letter all relevant legislation and regulations for accountants and my employer concurred with what I said. These are some information I suggest you have a readout and may help you. https://www.cpaaustralia.com.au/~/media/corporate/allfiles/document/professional-resources/financial-planning/financial-advice-and-regulations-for-accounting.pdf Corporations Act 2001 921C (4) (a)) as authorised representative Tax Practitioners Board. 2019. FAQ. Does an employee representative need to be registered? https://www.legislation.gov.au/Details/F2019C00011 There are four key exemptions provided to accountants: Taxation advice s.766B (5)(c) & Regulation 7.1.29(4) Traditional accounting activities Regulation 7.1.29 Broad asset allocation advice Regulation 7.1.33A Referrals Regulation 7.6.01(1) (e) Quote Link to comment Share on other sites More sharing options...
gita Posted June 12, 2019 Author Share Posted June 12, 2019 18 hours ago, Mantaray said: I may have a similar case with you. ANSZCO states that registration/licensing "may be" required. As Tax Accountant, you need to have registration if you represent your client as a "registered tax agent" to the ATO. However, you can provide tax (financial) service as an employee representative (using your employer license) with limitations, while your employer is responsible in supervising your work and ensuring compliance with their licence and registration obligations. A supporting letter from employer stating you do not need to get any registration with TPB should somehow show proof. In my case, I argued in my letter all relevant legislation and regulations for accountants and my employer concurred with what I said. These are some information I suggest you have a readout and may help you. https://www.cpaaustralia.com.au/~/media/corporate/allfiles/document/professional-resources/financial-planning/financial-advice-and-regulations-for-accounting.pdf Corporations Act 2001 921C (4) (a)) as authorised representative Tax Practitioners Board. 2019. FAQ. Does an employee representative need to be registered? https://www.legislation.gov.au/Details/F2019C00011 There are four key exemptions provided to accountants: Taxation advice s.766B (5)(c) & Regulation 7.1.29(4) Traditional accounting activities Regulation 7.1.29 Broad asset allocation advice Regulation 7.1.33A Referrals Regulation 7.6.01(1) (e) Thank you for the information.I just got simple letter saying i don't need licensing and attached tbp board website info.My letter is very brief.What do you think will that work.By the way did you get your visa or still waiting.Did you apply same as mine taxation accountant or just accountant. Quote Link to comment Share on other sites More sharing options...
Mantaray Posted June 13, 2019 Share Posted June 13, 2019 5 hours ago, gita said: Thank you for the information.I just got simple letter saying i don't need licensing and attached tbp board website info.My letter is very brief.What do you think will that work.By the way did you get your visa or still waiting.Did you apply same as mine taxation accountant or just accountant. I already got the visa. Simple, brief and straightforward answers are better than complicated one. In my case, I just happened to have legal colleagues who helped me structure my letter with relevant legislation. My occupation is under Accountant-General and in my job description I mentioned pretty much doing all roles; taxation, audit, smsf, and business advisory, that is why I have to argue each accounting role. Your specialization is under Taxation so I think you don't really have to argue all those roles I mentioned above apart from the taxation advice and probably traditional accounting activities. You are an employee representative (whose role as a tax accountant providing advice on behalf of a registered tax agent-employer) and is clearly stated on the TPB website. If your job description corresponds with those ANZCO Tax Accountants desc, I don't think it would be an issue on your case as you have the proof of non-requirement for registration with TPB and your employer concurred with those statements. These are just my two cents..it is always best to consult other experts Best of luck! Quote Link to comment Share on other sites More sharing options...
gita Posted June 13, 2019 Author Share Posted June 13, 2019 I really hope the letter i provided to them works.My employer is not tax agent.It a normal company hope it doesn't make difference.Thank you for your help. Quote Link to comment Share on other sites More sharing options...
Mantaray Posted June 13, 2019 Share Posted June 13, 2019 Wait, if your company is not a registered company tax agent then why would they hire you as Tax Accountant? That non-registration works only since they are vouching that they have the necessary registration and in essence authorises you to use it when you do your work as Tax Accountant for the firm. Quote Link to comment Share on other sites More sharing options...
gita Posted June 13, 2019 Author Share Posted June 13, 2019 Its a million dollar company with 200 staffs and various branches and we have in house accountant ,tax accountant and other people to do accounting job.Don't you think it is possible.My friend already got PR as accountant from this company and I am in line. Quote Link to comment Share on other sites More sharing options...
Mantaray Posted June 15, 2019 Share Posted June 15, 2019 Nevertheless, your employer and your position has been approved during your nomination so certainly DIBP accepted Tax accountant as a needed position on your company. For a large company I would presume they can handle multiple accountants; management and tax/compliance accountants.It is possible to be a tax accountant/employee of a company but carefully thread on your job description so as not to confuse services which a tax practitioner normally does (requiring TPB registration) or as a management accountant which may be more applicable on your overall accounting work. Sorry I used to work with a migration agency and quite familiar with many visa applications got rejected due to wrong application of occupation code thats why I was particular on your job and the ANZSCO job descption. But then again if you have your MA, they should have carefully used the correct ANZSCO code which really corresponds on your current work. Quote Link to comment Share on other sites More sharing options...
gita Posted June 16, 2019 Author Share Posted June 16, 2019 On 15/06/2019 at 18:50, Mantaray said: Nevertheless, your employer and your position has been approved during your nomination so certainly DIBP accepted Tax accountant as a needed position on your company. For a large company I would presume they can handle multiple accountants; management and tax/compliance accountants.It is possible to be a tax accountant/employee of a company but carefully thread on your job description so as not to confuse services which a tax practitioner normally does (requiring TPB registration) or as a management accountant which may be more applicable on your overall accounting work. Sorry I used to work with a migration agency and quite familiar with many visa applications got rejected due to wrong application of occupation code thats why I was particular on your job and the ANZSCO job descption. But then again if you have your MA, they should have carefully used the correct ANZSCO code which really corresponds on your current work. Thanks for the advice. Quote Link to comment Share on other sites More sharing options...
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