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Professional indemnity for accountants, bookkeepers, tax agents and BAS agents.

Quick answerDo accountants and bookkeepers have to hold professional indemnity?Whether an accountant or bookkeeper must hold professional indemnity depends on which hat they wear. Three regimes can apply to a practice at once: your professional body's by-laws, your tax or BAS agent registration, and an AFS licence. Each sets its own minimum, and the highest one binds. Ring us on 07 3292 1111.

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I have dealt with Will from Consolidated Insurance Brokers for the last year and a half. He is a great communicator and has a very practical approach to his business. As a Chartered Accountant, I would highly recommend him and his team to any of my clients.

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Tracey helped me sort out professional indemnity and public liability insurance for my new business - she was super helpful throughout the process helping me navigate for the first time.

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A member in public practice is bound by their professional body's by-laws. A registered tax or BAS agent is bound by the Tax Agent Services Act. An accountant who advises on financial products is bound through their AFS licence. All three can apply to one practice at once, and each measures the minimum against a different number. "Accountant" is not a protected title in Australia. Anyone can use it, which is exactly why the question "do accountants need professional indemnity insurance" has no single answer and why so many pages give one anyway. The requirement never attaches to the word. It attaches to a practising certificate, a registration or a licence, and a practice can hold all three. When it does, the three minimums are calculated against three different numbers, and the one that binds you is the highest of them.

Worried about client data rather than client advice? That is a different policy. See Cyber Insurance.

Which of the three regimes applies to you?

Three separate regimes can require an accounting practice to hold professional indemnity insurance. Membership of CPA Australia, Chartered Accountants Australia and New Zealand or the Institute of Public Accountants while in public practice. Registration as a tax agent or BAS agent with the Tax Practitioners Board. An Australian financial services licence, including a limited licence. They are cumulative, not alternatives.

The professional body rule, which is the one most accountants meet first. If you hold a Public Practice Certificate from CPA Australia or the Institute of Public Accountants, or a Certificate of Public Practice from CA ANZ, your body's own by-laws require you to hold professional indemnity insurance. These are professional obligations, not statute, and they are enforced by discipline rather than by a court penalty: the sanction is your practising certificate or your membership. The trigger is providing public accounting services under a certificate. A member in salaried employment who does not practise publicly is not caught by them.

Each body sets its minimum against a different base, which is why quoting one figure across the profession is always wrong. CPA Australia bands on the practice entity's prior-year practice fee income, and a practice under $10 million of fee income sits at a $2 million minimum sum insured. CA ANZ bands on the engagement fee rather than on turnover, starting at $2 million where the engagement fee is under $100,000 and rising through $5 million, $10 million and $20 million as the fee for a single engagement rises. The Institute of Public Accountants bands on prior-year fee income excluding GST, at $2 million below $10 million and $10 million at or above it, with a lower figure for limited certificate holders.

Registration as a tax or BAS agent, which is the statutory one. The Tax Agent Services Act 2009 makes maintaining professional indemnity insurance that meets the Board's requirements a condition of being registered and of renewing, and item 13 of the Code of Professional Conduct makes it a standing obligation for as long as you are registered. Registered tax agents and registered BAS agents sit on the same table, and it is banded on the turnover of the business excluding GST: $250,000 of cover up to $75,000 of turnover, $500,000 from $75,001 to $500,000, and $1,000,000 above $500,000. Those are minimum aggregate figures, and the Board sets them in its own published requirements rather than in the Act or the regulations, which is why they can move without any change to the law.

There is a separate and much higher band for a tax agent whose registration carries a tax (financial) advice services condition: $2,000,000 for any one claim and in the aggregate where total revenue is $2,000,000 or less, scaling with revenue up to a maximum of $20,000,000.

The Board also sets conditions beyond the amount. Legal and defence costs must be exclusive of the limit or in addition to it, or the limit must be increased enough to absorb them. The excess must not exceed 4 per cent of turnover, or $1,000 where 4 per cent of turnover comes to less than $1,000. Retroactive cover has to reach back to the earlier of the retroactive date on the policy you are renewing or the start of the first policy in a continuous series. The insurer generally has to be APRA-authorised.

An AFS licence, which is where accountants who advise on financial products end up. An accountant who gives financial product advice, which can include advice on establishing or winding up a self managed super fund, needs an Australian financial services licence or an authorisation under someone else's. The Corporations Act requires a licensee providing financial services to retail clients to have arrangements for compensating those clients, and the regulations make those arrangements subject to holding adequate professional indemnity cover unless the licensee is exempt. ASIC's guidance sets the expectation at $2 million for any one claim and in the aggregate where retail-client revenue is $2 million or less, scaling with revenue to a $20 million maximum. Those figures are ASIC's stated expectation rather than a figure written into the law, and ASIC is explicit that it is up to the licensee to determine what is adequate and that it will not approve a licensee's arrangements.

Why the binding number is the highest applicable minimum, never a single figure

An accountant with a practising certificate, a tax agent registration and a limited licence sits under all three regimes at once. Each has a different minimum and each measures against a different base: practice fee income, engagement fee, business turnover and retail-client revenue. They do not replace each other. The figure that actually binds you is the highest one that applies.

This is the point every generic article on the subject misses, and it is the one with real money attached.

Take a practice with $600,000 of turnover. Under the Tax Practitioners Board table it needs $1,000,000 of aggregate cover. Under CPA Australia's by-laws, sitting well under the $10 million fee income band, it needs a $2 million minimum sum insured, and defence costs must be in addition to that or the cover lifted by at least half again. Those are not two views of the same requirement. They are two requirements, and satisfying the smaller one does not discharge the larger.

Add a limited licence for self managed super fund advice and a third figure joins, on a fourth measuring base. Add a single large engagement and the CA ANZ base moves, because that body measures the engagement fee rather than the practice's income, so one unusually big job can lift the required limit for a practice whose turnover did not change at all.

The regimes also disagree about what the number even means. CPA Australia and the Institute of Public Accountants require defence costs to sit outside the limit, or the limit to be lifted to compensate. CA ANZ requires an uplift of at least a quarter where costs are inclusive. So a $1 million costs-inclusive policy and a $1 million costs-exclusive policy are not the same policy, and only one of them will satisfy a body that has ruled on the point.

The practical consequence: a certificate of currency showing a number tells you almost nothing about compliance. What matters is which number, against which base, on which costs basis, and whether the excess sits inside the cap the regime allows.

Run-off: your professional body requires it and the Tax Practitioners Board does not

All three accounting bodies require run-off cover for not less than seven years after you cease practising, retire or merge. The Tax Practitioners Board only recommends it, and says in terms that once an entity is no longer registered it is no longer required under the Act to maintain cover. Two regimes, opposite answers, on the single decision most likely to be made once and never revisited.

This is the sharpest distinction on the page and it is worth understanding before you need it rather than after.

CPA Australia, CA ANZ and the Institute of Public Accountants all require run-off for a minimum of seven years after a member ceases to practise, retires, or the practice merges. That is a firm obligation of membership, and it survives the end of the practice itself.

The Tax Practitioners Board takes the opposite position: it only recommends run-off, and does not require it.

The reason this matters more than a technical inconsistency is that tax and accounting work has a long tail, and this cover answers on the day a claim arrives rather than on the day the work was done. An error in a return can surface years later, after an amended assessment, an audit or a dispute. If you have retired and cancelled the policy, there is nothing left to respond, whatever any regulator did or did not require. The mechanics of that, and what run-off actually costs, are on the main Professional Indemnity Insurance page.

If you are a member of a body and also registered with the Board, the body's seven-year requirement is the one that binds you, because the highest applicable obligation is the one that applies.

Do bookkeepers need professional indemnity insurance?

The honest answer is "no, unless", and the unless is the whole answer. "Bookkeeper" is not a protected title and there is no Commonwealth bookkeeping registration to attach an insurance condition to. But if what you actually do is a BAS service and you charge for it, you must register as a BAS agent, and registration makes professional indemnity insurance compulsory.

Charging is what bites, not the insurance. Under the Tax Agent Services Act, providing a service you know or ought reasonably to know is a BAS service, for a fee or other reward, while not registered, is a civil penalty contravention. The maximum is 250 penalty units for an individual and 1,250 for a body corporate, which at the current penalty unit is up to $91,000 and $455,000. Advertising that you will provide BAS services while unregistered is a separate contravention, at a maximum of 50 penalty units for an individual and 250 for a body corporate, so up to $18,200 and $91,000. That means a website or an ad can breach the Act before a single client is served.

BAS agents sit on the same turnover-banded table as tax agents: $250,000, $500,000 or $1,000,000 of minimum aggregate cover depending on turnover.

So the useful question is not "do I need insurance". It is "is what I do a BAS service". The Board publishes worked examples on both sides of that line.

Working under the instruction and supervision of a registered tax or BAS agent is the other lawful route, and it keeps a bookkeeper outside both the registration requirement and the insurance requirement that follows it.

Two things worth adding. A bookkeeper who is not registered and does not need to be still faces the ordinary commercial reasons for holding cover: client engagement terms, software partner programs, association membership and the plain fact that a payroll or reconciliation error can cost a client real money and generate a real claim. And the line between the two lists above is not always obvious in a live client relationship, which is where most of the exposure actually sits.

How we do it differently

We establish which of the three regimes you are actually under, because most practices are sized against only one of them, then we read the costs basis, the excess cap and the run-off position rather than the headline limit, because a certificate of currency shows a number and never the basis behind it.

The first thing we do is establish which regimes you are actually under, because almost every practice we look at is under more than one and has been sized against one of them. A practice that has satisfied its Tax Practitioners Board minimum and holds a practising certificate is very often carrying less than its professional body requires, and the gap is invisible on a certificate of currency because a certificate shows a number, not a basis.

The second is that we read the costs position rather than the limit. Whether legal and defence costs sit inside your limit or on top of it decides whether you actually have the cover your by-laws require, and all three accounting bodies have written rules about exactly that. It is also the mechanic that decides what is left for the client's loss after a contested claim has run for two years.

The third is the excess. Each of the three professional body rules and the Board's own requirements caps it, and each caps it differently: as a percentage of turnover, as a percentage of the policy limit, as a fixed figure per principal, or as the lower of two tests. A policy with an attractive premium and an excess above the cap is not a compliant policy, however good the price looks.

The fourth is run-off, raised before it is needed rather than after. The point to raise it is when a partner is retiring, when a practice is merging, when a book is being sold, or when someone first mentions winding down, not at the renewal after it has happened. By then the decision has usually already been made by default.

One boundary worth being straight about. What your professional body's by-laws and the Board's requirements oblige you to hold is a question for them, and for your own adviser where the answer affects your certificate or your registration. This page sets out what those regimes say so you know which questions to ask, and every figure on it can be changed by the body or the Board without any change to the law. What your policy actually does about it is our side of the table.

Short answers

Do accountants have to have professional indemnity insurance in Australia?

It depends on which of three regimes you are under, because "accountant" is not a protected title and there is no single rule attaching to the word. A member in public practice is required to hold it by their professional body's by-laws; a registered tax or BAS agent is required to hold it by the Tax Agent Services Act; an accountant advising on financial products is required to hold it through their AFS licence.

An accountant who belongs to no professional body, is not registered with the Tax Practitioners Board and holds no licence is not caught by any of those three. That is a statement about those three regimes, not about their exposure: a client can still sue over advice, and without a policy that claim sits on the practice personally.

How much professional indemnity insurance does a tax agent need?

The Tax Practitioners Board sets it by turnover excluding GST: $250,000 of minimum aggregate cover up to $75,000 of turnover, $500,000 from $75,001 to $500,000, and $1,000,000 above $500,000. Registered BAS agents sit on the same table.

The Board sets those figures in its own published requirements rather than in the Act or the regulations, so they can move without any change to the law. It also requires legal and defence costs to sit outside the limit or in addition to it, or the cover to be increased enough to absorb them, which matters more than the headline figure once a claim is contested. There is a separate and much higher requirement for a tax agent whose registration carries a tax (financial) advice services condition, starting at $2,000,000 for any one claim and in the aggregate. And if you also hold a practising certificate, your professional body's minimum can be several times the Board's, in which case that is the number that binds you.

Does the Tax Practitioners Board require run-off cover?

No, it only recommends it.

Your professional body is a different matter. CPA Australia, CA ANZ and the Institute of Public Accountants each require run-off for not less than seven years after ceasing practice, retiring or merging. If you are both a member and a registered agent, the seven-year obligation is the one that applies to you.

Do bookkeepers need professional indemnity insurance?

"Bookkeeper" is not a protected title, and the requirement most bookkeepers actually meet arrives by a different route: if you provide a BAS service for a fee, you must register as a BAS agent, and registration makes professional indemnity insurance compulsory.

So the question worth answering first is whether what you do is a BAS service, not whether you need a policy.

What counts as a BAS service?

Broadly, work that requires you to interpret or apply a BAS provision rather than just record what someone else decided. Confirming the figures for an activity statement, advising on or registering a client for GST, PAYG withholding or fringe benefits tax, calculating leave payments and the associated withholding, and running a payroll service that applies a taxation law are all BAS services.

Bank reconciliations, straight data entry where you are not involved in calculating the activity statement figures, coding under the supervision of a registered agent, and installing software without setting client-tailored GST codes generally are not. Working under the instruction and supervision of a registered tax or BAS agent keeps you outside the registration requirement altogether.

Is my professional body's minimum the same as the Tax Practitioners Board's?

No, and they are usually different by a wide margin, because they measure against different things. The Board bands on the turnover of the business. CPA Australia bands on the practice entity's prior-year practice fee income. CA ANZ bands on the fee for a single engagement. The Institute of Public Accountants bands on prior-year fee income.

They also express the number differently: the Board's figures are a minimum in the aggregate, while CPA Australia and the Institute of Public Accountants set a minimum sum insured and CA ANZ measures against a single engagement. When more than one applies to you, the highest applicable minimum is the one that binds, and satisfying the lower one does not discharge the higher.

Does an accountant with a limited AFS licence need professional indemnity insurance?

In practice, yes. The Corporations Act requires a licensee providing financial services to retail clients to have arrangements for compensating those clients, and the regulations make those arrangements subject to holding adequate professional indemnity cover unless the licensee falls inside a narrow list of exemptions, which covers only APRA-regulated insurers, life companies and deposit-taking institutions and certain related entities.

A limited licensee is not in that list. ASIC's own guidance sets the expectation at $2 million for any one claim and in the aggregate where retail-client revenue is $2 million or less, but those are ASIC's stated expectations rather than figures written into the law, and ASIC says the licensee determines what is adequate and that it will not approve a licensee's arrangements.

We are a small practice with no employees. Do the same minimums apply?

Generally yes, because the minimums are set by fee income, turnover or engagement size rather than by headcount. A sole practitioner registered as a tax agent sits on the same Tax Practitioners Board table as anyone else, and a sole practitioner with a practising certificate sits on their body's table.

There is one narrow exception worth knowing if you are a CPA Australia member: the by-law minimums are disapplied for a member whose aggregate gross fees for public accounting services in the calendar year do not exceed a prescribed amount, currently $10,000 excluding GST, and who does not advertise or hold out to the public. That member must still hold a current policy, just not one meeting the banded minimums. Otherwise size changes the exposure, not the obligation, and usually not in the direction people expect: a small practice has the same reliance placed on its advice and less capacity to absorb a defence bill on its own.

Tell us your certificates, your registrations and your licence, and we will tell you whether one policy covers all three.

Most practices we look at are sized against one of their obligations and short on another, and a certificate of currency will never show it. One conversation covers all three, plus the costs basis, the excess cap and where run-off sits.