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Former PwC partner banned for integrity breach

A former tax partner at PricewaterhouseCoopers (PwC) has been deregistered as a tax agent for integrity breaches by the Tax Practitioners Board (TPB) that includes a two-year ban on becoming a registered tax practitioner.

Former PwC partner banned for integrity breach
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The TPB conducted an investigation into the conduct of Peter-John Collins, which revealed that while a partner of PwC, he was part of a confidential consultation by Treasury in a confidential consultation to improve tax laws.

This included new rules to stop multinationals from avoiding tax by shifting profits from Australia to tax and secrecy havens. The investigation found that Mr Collins made unauthorised disclosures of this confidential law reform information to partners and staff of PwC.

The TPB found Mr Collins failed to act with integrity as required under his professional, ethical, and legal obligations and terminated his tax agent registration.

In addition, the TPB investigation determined that PwC had failed to properly manage conflicts of interest when this confidential law reform information was shared with partners and staff in their tax practice. PwC breached its obligations under the law and the Code of Professional Conduct. The TPB ordered PwC to have processes and training in place to ensure conflicts of interest are adequately managed.

TPB chair, Ian Klug AM, said: “We are very concerned when tax practitioners abuse their positions of trust, or fail to act with integrity. Many Australians and most businesses entrust their tax practitioner with sensitive personal, financial and tax information. Tax practitioners who breach this confidence will not be tolerated. Rules to manage conflicts of interest are equally important in protecting client interests, especially in a large firm with multiple clients and many staff.

“Some tax practitioners are involved in confidential law reform discussions, to share their wisdom and experience and to support the public interest.

“Leaking confidential information in these circumstances might be seen to elevate personal and commercial profit, breaching public interest, legal and ethical obligations.

“Tax practitioners have a privileged position, helping clients to engage with the tax and superannuation systems. The TPB will not tolerate those practitioners who act without integrity.”

A spokesperson for PwC said the company acknowledges that TPB found that a partner of the firm did not comply with confidentiality agreements in relation to a consultation process with Treasury, which occurred in 2014. 

We also acknowledge that PwC should have had specific conflict management procedures and policies operating at the time to prevent this occurring. In each case this failed the standards we set for PwC and we deeply regret this occurred. The firm has since reviewed and strengthened its controls, policies and training with respect to conflicts of interest,” the spokesperson said. 

PwC also stated that Mr Collins is no longer employed by PwC and the information was shared by Mr Collins with a small group of people within the firm. This was done contrary to the firm’s policies and the TPB investigation did not find that any client arrangements or structures were impacted in connection with this matter.

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