Binghui Liu

Member’s name: Binghui Liu
Date of Hearing: 1 September 2022
Division: Victoria
Tribunal: Disciplinary Tribunal

On 1 September 2022, the Disciplinary Tribunal found the Member breached CPA Australia’s 14 May 2019 Constitution:

• Article 39(a)(ii)(C), when he “failed to observe a proper standard of professional care, skill or competence” by failing to obtain a taxpayer’s signed consent for the lodgement of a Capital Gains Tax Withholding Variation form and failed to obtain a taxpayer’s declaration as to the information upon which the Capital Gains Tax Withholding Variation form was based as being true and correct prior to lodging the Capital Gains Tax Withholding Variation form with the Australian Taxation Office.
• Article 39(a)(ii)(A), when he “breached this Constitution (or the constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” by failing to maintain a taxpayer’s confidentiality in accordance with Accounting Professional and Ethical Standards 110 Code of Ethics for Professional Accountants.
• Article 39(a)(ii)(A), when he “breached this Constitution (or the constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” by failing to comply with Accounting Professional and Ethical Standards 310 Client Monies.

Mr Liu attended the Disciplinary Tribunal Hearing and admitted Complaint 1 and denied Complaints 2 and 3.

Penalty and Costs:

The Disciplinary Tribunal sustained all three Complaints and imposed the following penalties:

Complaint 1:

• a severe reprimand

Complaint 2:

• a severe reprimand
• the General Manager of Professional Conduct (GMPC) of CPA Australia to notify the Tax Practitioner’s Board of the outcome of the Tribunal’s Determination.

Complaint 3:

• a severe reprimand
• Mr Liu must successfully complete the following:
  • the “Ethics and Governance” Segment of the CPA Program or its equivalent at the time, to the satisfaction of the GMPC within 12 months
  • the Public Practice Program E-Learning or its equivalent at the time, to the satisfaction of the GMPC within 12 months
  • a compliant CPA Australia Best Practice Program review or its equivalent within 24 months or such time as allowed by the GMPC.

Mr Liu was ordered to pay a contribution to CPA Australia’s costs of $2,458.