AI and the Code of Professional Conduct: What Tax Practitioners Need to Know

Written by: Resham Mehta | Tax Trainer | TaxBanter

On 24 March 2026, the Tax Practitioners Board (TPB) released an exposure draft information sheet, TPB(I) D62/2026, providing practical guidance to registered tax agents and BAS agents on using artificial intelligence (AI) while meeting their obligations under the Code of Professional Conduct (Code) in the Tax Agent Services Act 2009 (TASA).

The draft clarifies that using AI does not reduce or transfer a tax practitioner’s professional responsibilities. Practitioners remain fully accountable for the accuracy and quality of the services they provide, regardless of whether AI tools are used.

Submissions close 21 April 2026.

Key obligations practitioners should know

  • Competence: Tax practitioners must not rely on AI output as a substitute for their own analysis of a client’s circumstances, and must exercise professional judgement to ensure services are provided to a competent standard.
  • Confidentiality: Tax practitioners must obtain permission from each client prior to divulging client information to a third party, which includes inputting client data into an AI tool.
  • Supervision and control: AI outputs must be assessed and supplemented by professional judgement, as tax practitioners remain ultimately responsible for the services they provide.
  • Reasonable care: Whether reasonable care has been taken when using AI will depend on all the circumstances, including whether the practitioner reviews the AI output before relying on it and whether AI tools are used for tasks that should be independently verified.
  • Honesty and integrity: Practitioners must ensure AI-generated content used in advice or correspondence is accurate and does not mislead clients or the ATO.
  • Privacy Act: Tax practitioners should also be aware that the Australian Privacy Principles govern the use, storage and disclosure of personal information, and some of these may directly impact the requirement to obtain client consent.

There are additional obligations and considerations covered in the full exposure draft, along with worked examples to assist practitioners in applying the guidance to common scenarios.

What the TPB has said

TPB Chair Peter de Cure AM said the Board recognises the significant opportunities AI can bring to improving productivity, efficiency and client service, and wants to help tax practitioners embrace AI with confidence while meeting the ethical standards set out in the Code.

The TPB has also been clear that the draft is not a technical guide to AI systems, and acknowledges that AI is a rapidly evolving technology. The guidance will be updated as the landscape develops.

Practical next steps

  • Review your AI tools: Assess whether your current AI tools involve the transfer of client data to third-party platforms and update your consent procedures accordingly.
  • Check your review processes: Ensure AI-generated outputs are being reviewed and verified by a qualified practitioner before being relied upon or provided to clients.
  • Make a submission: If you have feedback on the draft, email tpbsubmissions@tpb.gov.au before 21 April 2026.

This information is general information only and not intended to be financial product advice, investment advice, tax advice or legal advice and should not be relied upon as such. As this information is general in nature it may omit detail that could be significant to your particular circumstances. Scenarios, examples, and comparisons are shown for illustrative purposes only. Certain industry data used may have been obtained from research, surveys or studies conducted by third parties, including industry or general publications. TaxBanter has not independently verified any such data provided by third parties or industry or general publications. No representation or warranty, express or implied, is made as to its fairness, accuracy, correctness, completeness or adequacy. We recommend that individuals seek professional advice before making any financial decisions. This information is intended to assist you as part of your own advice to your client. Use of this information is your responsibility. To the maximum extent permitted by law, TaxBanter expressly disclaims all liabilities and responsibility in respect of any expenses, losses, damages or costs incurred by any recipient as a result of the use or reliance on the information including, without limitation, any liability arising from fault or negligence or otherwise. While all care has been taken to ensure the information is correct at the time of publishing, superannuation and tax legislation can change from time to time and TaxBanter is not liable for any loss arising from reliance on this information, including reliance on information that is no longer current. Tax is only one consideration when making a financial decision. 

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