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pkh1223(Enthusiast)Enthusiast
19 July 2021

Hi,

Not sure whether this question should be better guided by ATO or ASIC but I really hope that I could get the proper advice on my questions here in ATO community.

Let's say that a PTY LTD has two directors (Director A & Director B) and for some reason they are not happy with each other.

As BAS Q4 lodgement is due soon, we, as a tax agent, need to get it lodged before the due date.

Director A has been playing a main role when it comes to ATO lodgement.

Due to the increasing tense between the two directors, we are in a difficult position to lodge BAS/ITR, knowing the tension between the two directors and worrying what if we get a sign from Director A on them to lodge and then later Director B blaims us they are lodged without his consent or authorisation.

What is the best way for us to do, as a tax agent, in a situation like this ?

Is it the best way for us to send the papers to both directors, giving them some time to agree on the papers ?

What if director B never responds to our contact ?

Is there any specific ATO reference we can rely on and make sure that we are doing the right thing under this circumstances ?

Any advice would be greatly appreciated.

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1,085 views
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Most helpful reply

EthanATO(Community Support)Community Support
20 July 2021

Hi @pkh1223,

Unfortunately we can't provide any advice on what to do about the conflict between the directors. If you make the lodgment based on information provided by director A, as long as they're eligible to provide this, you're doing the right thing. If they're listed as a director of the business with ASIC and in the ABR they should would generally be authorised. You'll need to still get the required declaration for the lodgment which the director will need to sign. You can view our information on client declarations and lodgments on our website.

If you receive the correct declaration from an authorised representative of the company, you're considered to be doing the right thing.

Let us know if you have any further questions.

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Most helpful reply

EthanATO(Community Support)Community Support
20 July 2021

Hi @pkh1223,

Unfortunately we can't provide any advice on what to do about the conflict between the directors. If you make the lodgment based on information provided by director A, as long as they're eligible to provide this, you're doing the right thing. If they're listed as a director of the business with ASIC and in the ABR they should would generally be authorised. You'll need to still get the required declaration for the lodgment which the director will need to sign. You can view our information on client declarations and lodgments on our website.

If you receive the correct declaration from an authorised representative of the company, you're considered to be doing the right thing.

Let us know if you have any further questions.

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What is the best way to lodge BAS/ITR of PTY LTD when a director is not happy with other director | ATO Community