Andrew Kong

Member’s name: Mr Andrew Kong
Date of Hearing: 17 June 2014
Division: Victoria
Tribunal: Disciplinary Tribunal

On 17 June 2014 the Disciplinary Tribunal determined Mr Andrew Kong had breached Article 39(a)(ii)F of the Constitution on two occasions in that he had ‘been the subject of an adverse finding that has not been overturned on appeal’:

• in respect of a Decision of the Tax Practitioners Board (TPB) terminating Mr Kong’s registration as a Tax Agent effective 29 October 2013
• in respect of a Decision of the Deputy Commissioner of Taxation (ATO) in a letter to Mr Kong dated 22 September 2011, with attachments, which found Mr Kong had failed, inter alia:
  • to disclose the sale of investment properties in BAS in two financial years
  • to disclose receipt of foreign source income
  • to report a capital gain from the sale of a property owned by him in his income tax return and the return that he prepared for his wife
  • to disclose certain of the above transactions to the ATO during an ATO audit of his affairs.

Mr Kong did not attend the Disciplinary Tribunal Hearing.

Penalty and costs 

The Disciplinary Tribunal found the Complaints sustained and imposed the penalty of forfeiture of Membership until the later of such time as he is readmitted by the TPB or 20 years.

The Disciplinary Tribunal also ordered that prior to any application for readmission, Mr Kong must first:

• successfully complete the CPA Program or its equivalent
• if offering Public Accounting Services, must obtain a CPA Australia Public Practice Certificate
• pay a fine of $10,000.

Mr Kong was also ordered to pay costs of $610.13.