TPB Code Of Professional Conduct: 2025 Changes, Obligations

The TPB Code of Professional Conduct is the statutory rulebook for Australia’s registered tax and BAS agents. Set by the Tax Practitioners Board under the Tax Agent Services Act 2009, it sets out how practitioners must behave when providing tax agent services—be honest and competent, manage conflicts, protect confidentiality, supervise staff, keep proper records, and comply with the law. In short, the Code explains the standards the public can expect and the conduct practitioners must uphold, backed by TPB enforcement.

This article gives you a practical, plain‑English update on the Code as it stands in 2025. You’ll see who the Code applies to and how it is enforced, the core principles at a glance, and what’s changed under the Tax Agent Services (Code of Professional Conduct) Determination 2024—including start dates and thresholds. We’ll unpack the new duty around false or misleading statements, conflicts (including government work), record‑keeping and client communications, supervision and quality management systems, confidentiality, disclosure and consequences of non‑compliance. You’ll also find alignment with APES 110/220 and the Corporations Act, real‑world scenarios, a readiness checklist, plus the policies, templates and technology that can help. Here’s what you need to know—and do—next.

Who the Code applies to and how it is enforced

The TPB Code of Professional Conduct applies to all registered tax practitioners—tax agents and BAS agents—whether registered as individuals, partnerships or companies. It governs conduct when you act in your capacity as a registered practitioner, and it sits alongside other requirements in the Tax Agent Services Act 2009, including being a fit and proper person and having adequate supervision of those who assist you.

The Tax Practitioners Board administers and enforces the Code. If it finds a breach, the TPB may impose sanctions including a written caution, an order to do specified things, suspension, or termination of registration. Compliance is assessed case‑by‑case on the facts. Note that some new Code elements involve engagement with the ATO, such as the false or misleading statement notification pathway.

The Code at a glance: principles and existing obligations

The TPB Code of Professional Conduct groups long‑standing duties under five categories: honesty and integrity, independence, confidentiality, competence, and other responsibilities. Here’s the quick view of what continues to apply in 2025, regardless of the new Determination.

Honesty and integrity: Act honestly, comply with taxation laws in your own affairs, deal with the TPB in good faith, and do not obstruct the proper administration of the law.
Independence: Identify and manage conflicts of interest in your tax practice.
Confidentiality: Protect client information unless disclosure is authorised by the client or required by law.
Competence and care: Maintain knowledge and skills, provide services competently, and take reasonable care with facts and application of tax law.
Supervision and control: Appropriately supervise those who work for or on your behalf.
Client interests: Advise clients of material rights and obligations; properly account for client money and property and handle documents appropriately.

What changed in 2025: new obligations introduced by the Code Determination 2024

The Tax Agent Services (Code of Professional Conduct) Determination 2024 adds targeted, practical obligations to the TPB Code of Professional Conduct. They don’t replace the existing Code; they strengthen it—closing gaps around false or misleading statements, conflict management when undertaking activities for government, supervision and quality systems, record‑keeping, and proactive client communications. The TPB is releasing guidance, and the ATO is standing up a notification channel to support some of these duties.

False or misleading statements: Advise clients to correct material false or misleading statements and, if not remedied within a reasonable time (subject to thresholds and exceptions), notify the ATO or TPB.
Conflicts in government work: Manage conflicts of interest when undertaking activities for government and maintain confidentiality in those dealings, in addition to the general conflicts duty.
Keeping clients informed: Proactively inform clients about matters that may materially affect their tax obligations, decisions or timeframes.
Proper record‑keeping: Maintain accurate and complete records of tax agent services and the basis for advice and filings.
Supervision, competence and QMS: Ensure appropriate supervision and competency checks, and implement a documented, proportionate Quality Management System for firms (companies, partnerships and trusts).

Start dates, thresholds and transitional timing

The new obligations under the Tax Agent Services (Code of Professional Conduct) Determination 2024 roll in on a size‑based timetable. The TPB and ATO have set a single headcount “snapshot” date to determine which start date applies. Your ongoing obligations under the existing TPB Code of Professional Conduct continue unchanged; the dates below switch on the additional 2025 items.

1 January 2025: applies to tax practitioners with more than 100 employees (as at 31 July 2024).
1 July 2025: applies to tax practitioners with up to 100 employees (as at 31 July 2024).

Practical tip: document your 31 July 2024 headcount, and finalise policies, training and system updates (including record‑keeping, conflicts, client communications and QMS) ahead of your commencement date.

The new duty on false or misleading statements: advising and notifying

A key 2025 addition to the TPB Code of Professional Conduct is an explicit duty around false or misleading statements. Where you become aware of a material false or misleading statement relevant to a client’s tax affairs, you must advise the client to correct it. Subject to exceptions and specific threshold requirements, if the client does not act within a reasonable time, you must take steps to notify the ATO or the TPB that your advice was not acted on.

Build a simple workflow: identify and assess materiality; provide clear written advice to correct; follow up after a reasonable period; if unresolved (and thresholds met), prepare a notification.
Document everything: your assessment, the advice given, client responses and timing.
Use official channels: the ATO is establishing an appropriate digital process for practitioner notifications; follow TPB/ATO guidance as it’s released.
Apply judgement: not every discrepancy triggers notification—materiality, exceptions and timing are fact‑specific and assessed case‑by‑case.

This structured approach helps you discharge the new obligation while protecting clients and upholding the TPB Code of Professional Conduct.

Conflicts of interest: clients, referrals and government work

Managing conflicts isn’t optional under the TPB Code of Professional Conduct—it’s a standing duty (Code item 5), now reinforced for activities undertaken for government. In practice, this means spotting actual or potential conflicts early, telling clients what’s at stake in plain terms, and either controlling the risk or stepping aside. Referral situations and commission arrangements demand special care, and government work adds explicit obligations to manage conflicts and maintain confidentiality.

Disclose early and specifically: Explain the conflict and its impact; seek positive client consent, preferably in writing.
Control where appropriate: Use ethical walls, separate teams and independent review; suggest independent advice where needed.
Avoid if unmanageable: If objectivity can’t be preserved or consent isn’t given, decline to act.
Referrals and commissions: Tell clients about any financial benefit you receive, including the amount where relevant.
Government activities: Put tailored measures in place to manage conflicts and protect confidentiality in dealings with government.
Record‑keeping: Keep a conflicts register and document assessments, disclosures, consents and decisions.

Keeping clients informed and maintaining proper records

Under the TPB Code of Professional Conduct as updated by the 2024 Determination, you must proactively keep clients informed about matters that may materially affect their tax obligations, decisions or timeframes, and you must maintain accurate, complete records of your tax agent services. In practice, this means timely, plain‑English updates to clients and a robust file that evidences your factual checks, advice, and the basis for any filings—ready for TPB scrutiny if required.

Proactive client updates: Tell clients promptly about material issues, risks, deadlines and next steps.
Structured file notes: Record assumptions, facts checked, sources relied on and the reasoning behind advice.
Evidence on file: Keep working papers, calculations, supporting documents and communications.
Approvals and consents: Log client instructions, sign‑offs and any conflict disclosures.
Version control: Track drafts and final lodgements for traceability.
Notifications trail: Document steps taken under the false/misleading statement duty.
Security and access: Store records securely and ensure they’re retrievable for review.

Supervision, competence and quality management systems (QMS)

The 2024 Determination raises the bar on how you supervise work and assure quality under the TPB Code of Professional Conduct. You must actively supervise anyone who works for or on your behalf, check their competency before delegating, and for firms that are companies, partnerships or trusts, implement a documented Quality Management System proportionate to your size and complexity. The goal is consistent, reliable tax agent services that meet the Code—backed by evidence.

Clear accountability: Define supervision roles, escalation paths and review responsibilities.
Competency checks: Verify registrations, qualifications and experience before assigning work.
Workflow controls: Use checklists, preparer–reviewer sign‑offs and due‑date tracking.
File standards: Set minimum records, version control and working‑paper requirements.
Conflicts/confidentiality: Embed procedures and registers into day‑to‑day workflows.
Issues and complaints: Capture, investigate, remediate, and record TPB/ATO notifications where required.
Monitoring and training: Run periodic file reviews, CPD tracking and corrective actions.
Outsourcing oversight: Assess third parties and document supervision approaches.
Evidence: Keep written policies and records showing the QMS operates in practice.

Sole practitioners can scale this lean; larger practices should formalise, train and test it on a schedule.

Confidentiality and privacy: handling client information and dealings with government

Confidentiality is a bedrock duty under the TPB Code of Professional Conduct: protect client information and disclose it only with client authority or when required by law. The 2024 Code Determination also makes confidentiality explicit in activities for government. Where the false/misleading statement duty triggers notification, disclose the minimum necessary via the approved ATO/TPB channel and record your legal basis.

Access control: Apply need‑to‑know access and strong authentication.
Consent and authority: Obtain written consents/authorisations and keep them on file.
Secure transmission: Use approved portals/encryption; avoid ad‑hoc email.
Government protocols: Separate teams/files where appropriate and log confidentiality undertakings.

Disclosure obligations and public transparency

Transparency under the TPB Code of Professional Conduct is client‑facing and regulator‑facing. Practitioners must be upfront about conflicts and financial benefits, explain material impacts to clients, and—where required—notify regulators about uncorrected material false or misleading statements. Public confidence is also supported by the TPB’s Public Register, which lets clients verify a practitioner’s registration and any conditions.

Conflicts and benefits: Disclose conflicts early and specifically, and seek positive consent. Where you receive a referral fee or commission, tell the client—include the amount where relevant.
Client‑facing disclosures: Proactively inform clients about material issues that could affect obligations, decisions or timeframes.
Regulator notifications: If a client doesn’t correct a material false or misleading statement within a reasonable time (and thresholds are met), notify the ATO or TPB using the approved channel.
File evidence: Document disclosures, consents and notifications so your transparency is demonstrable on review.

Consequences of non‑compliance and how the TPB responds

Breaching the TPB Code of Professional Conduct is taken seriously. The TPB assesses conduct on the facts of each case and can apply proportionate sanctions. Importantly, a single set of actions can breach multiple Code items (for example, inadequate conflict controls may also raise honesty or confidentiality issues). Failure to meet new 2025 duties—such as advising and, where required, notifying about material false or misleading statements—may also constitute a Code breach.

Available sanctions: written caution; an order to do specified things; suspension of registration; termination of registration.
Case‑by‑case assessment: the TPB looks at the circumstances and evidence to decide whether the Code has been breached.
Documentation matters: clear records of advice, disclosures, supervision and controls help demonstrate compliance when reviewed.

Staying ahead with policies, supervision and file discipline reduces risk and supports a favourable regulatory outcome.

How this fits with APES 110/220 and the Corporations Act

The TPB Code of Professional Conduct sits alongside professional and financial services frameworks. APES 110 (Code of Ethics) and APES 220 (Taxation Services) guide members of adopting bodies on integrity, objectivity and conflicts; they’re not binding on all tax practitioners but are useful benchmarks. The Corporations Act adds duties for AFS licensees and advisers that may overlap with—but don’t replace—TPB Code obligations.

APES alignment: APES 110/220 emphasise objectivity and not letting conflicts override judgement.
Corporations Act duties: s912A requires conflict management; s961B best interests; s961J conflicts priority (personal advice to retail clients).
TPB scope is broader: Code item 5 requires arrangements to avoid/control/disclose actual or potential conflicts across tax practice activities.
Compliance isn’t conclusive: Meeting APES/Corporations Act standards helps but doesn’t guarantee TPB Code compliance; the TPB assesses facts case‑by‑case.

Practical scenarios and examples you can model

Use these brief, real‑world scenarios to test your firm’s playbook against the TPB Code of Professional Conduct. For each, follow a simple pattern: identify the issue, disclose/control/avoid, document decisions and outcomes, and, where relevant, notify regulators.

Divorced clients, competing tax claims: Disclose the conflict to both, seek written consent; if consent is withheld or objectivity is at risk, step aside for one party and record the decision.
Referral with commissions: Tell the client you’ll receive a fee (include the amount), offer alternatives, obtain written consent and note it in your conflicts register.
Rival clients and a personal stake: If you hold equity in Client A and are approached by rival Client B, disclose; if objectivity can’t be preserved, decline to act for B and document why.
Merger work for two listed clients: Build ethical walls, separate teams and offices, obtain waivers, monitor compliance, and file all controls and reviews.
Audit insurance recommendation: Disclose the commission and assess suitability for the client; keep your rationale and the client’s consent on file.
Material false/misleading statement: Advise correction in writing, follow up; if not remedied within a reasonable time (and thresholds met), notify via the approved ATO/TPB channel and retain evidence.
Activities for government: Apply tailored conflict and confidentiality protocols, segregate files, and record undertakings and reviews.

A readiness checklist for 1 July 2025 and beyond

If you had up to 100 employees on 31 July 2024, the additional TPB Code obligations commence 1 July 2025 (larger practices have already started). Treat this as a structured uplift: lock in controls now, evidence your readiness, then embed a cycle of monitoring, training and improvement.

Confirm your start date: Document the 31 July 2024 headcount and board/partner sign‑off.
Map obligations to controls: False/misleading statements, conflicts (incl. government), client communications, records, supervision/QMS, confidentiality.
Standardise workflows and templates: Advice‑to‑correct letters, notification decision tree, conflict disclosure/consent forms, file note standards.
Stand up registers: Conflicts, regulator notifications, complaints, CPD/training, outsourcing/service providers.
Implement a proportionate QMS: Policies, roles, preparer–reviewer sign‑offs, due‑date tracking, periodic monitoring.
Supervision and competence: Delegation criteria, competency checks, induction and CPD tracking.
Records and security: Retention schedule, secure storage, access controls, version control, audit trail.
Government work protocols: Segregated teams/files and confidentiality undertakings.
Technology enablement: Checklists, tasking, and identity/record workflows integrated with your CRM/stack.
Monitor guidance and channels: Assign an owner to track TPB guidance and the ATO notification process; review quarterly.

Policies, templates and training your firm will need

Turning the TPB Code of Professional Conduct into day‑to‑day muscle memory requires a tight policy suite, simple templates and targeted training. The aim is consistent execution and an auditable trail that demonstrates you advised, supervised, recorded and, where required, notified—proportionate to your firm’s size and risk profile.

Core policies: conflicts (including government activities), confidentiality/authorised disclosure, false or misleading statement procedure, client communications, record‑keeping/retention, supervision/delegation, QMS manual, outsourcing oversight, complaints handling.
Ready‑to‑use templates: advice‑to‑correct letter, regulator notification decision log, conflict disclosure/consent form, government engagement protocol, file note standard and working‑paper index, referral/commission disclosure, CPD log.
Registers: conflicts, regulator notifications, complaints/incidents, supervision reviews, outsourcing due‑diligence.
Training and drills: onboarding and annual refreshers on conflicts, confidentiality, record‑keeping, supervision/QMS and the false/misleading duty; scenario‑based exercises (e.g., divorced clients, rival clients, audit insurance, merger work); role‑specific reviewer training.
Governance cadence: assign control owners, schedule periodic file reviews, and track TPB/ATO guidance updates with documented actions.

Technology and integrations that support Code compliance

Tech that runs inside your existing stack makes Code compliance repeatable and auditable. Embed checklists, reviews, secure storage and registers in your CRM to cut errors and produce the evidence the TPB expects—covering records, supervision/QMS, conflicts, confidentiality and the new false/misleading statement duty.

Identity verification in‑CRM: e.g., StackGo IdentityCheck verifies contacts; writes back outcomes; no PII in the CRM.
Audit trails and registers: time‑stamped logs for conflicts, consents, notifications, reviews.
Workflow controls: preparer–reviewer sign‑offs, due‑date tracking, escalations.
Secure records: encryption, role‑based access, MFA; segregated files for government work.
Documented templates: advice‑to‑correct, disclosures, working‑paper indexes with versioning.
Monitoring: dashboards for QMS metrics, CPD, outstanding client updates.

Where to find the official Code and guidance

For definitive requirements, go to the source. The TPB publishes the Code and rolling guidance, and the ATO provides process updates for the new false or misleading statement notifications. These are the core references your policies, procedures and training should explicitly cite and keep under review.

TPB Code of Professional Conduct: primary obligations and duties.
The Code Determination – background and context: what changed and why.
TPB information sheets: e.g., TPB(I) 19/2014 Managing conflicts of interest (updated Feb 2025).
ATO newsroom: TPB Code of Professional Conduct changes and notification channel updates.
TPB Public Register: verify registration status and any conditions.

Key takeaways and next steps

2025 locks in practical, enforceable duties under the TPB Code of Professional Conduct: advise and, where required, notify about material false or misleading statements; manage conflicts including government work; keep clients informed; maintain robust records; supervise competently; and operate a proportionate QMS. Start dates depend on your 31 July 2024 headcount, and the TPB will assess compliance on the facts and can sanction breaches. Now turn policy into evidence.

Confirm your commencement date and gap‑assess controls.
Update policies, templates and registers; stand up a lean QMS.
Embed supervision, file standards and decision logs.
Train your team; monitor TPB/ATO guidance and the ATO notification channel.
Operationalise in your stack—run identity checks, workflows and audit trails in‑CRM with StackGo.

Make compliance routine, visible and provable—before the TPB comes knocking.