TAX Lawyers Must Have BAR Membership

Why TAX Lawyers Must Have BAR Membership

In the intricate realm of tax laws in Bangladesh, the role of tax lawyers is indispensable. These legal professionals navigate the complex terrain of regulations, providing crucial guidance to businesses and individuals. One fundamental requirement that sets tax lawyers apart is their affiliation with the bar – a membership that carries far-reaching significance. Let’s delve into why having bar membership is not just a formality but a cornerstone for the effectiveness and integrity of Bangladesh tax lawyers.

National Board of Revenue(NBR)

National Board of revenue is the regulatory body of Income Tax Practitioners (ITP). NBR conducts written examination for the eligible candidates (those who are at least commerce graduate), those who qualify in the written examination, they need to face an Interview Board known as VIVA-VOCE. Once someone qualifies, they are issued a License by the NBR which enable them to practice Income Tax, VAT, Company Law, Custom Acts and ADR (alternative Dispute Resolution). Immediate after that, they need to be the member at any Income Tax Bar in Bangladesh. On the other hand, Advocates, Barristers, FCA, FCMA are also eligible to practice Income Tax, VAT, Company issues, Customs Act and ADR. Other than ITP none requires License of NBR to practice in the said fields.  

Legal Authorization and Representation

Bar membership is a non-negotiable prerequisite for Income Tax, Customs & VAT Law practicing in Bangladesh. Tax lawyers, entrusted with the responsibility of representing clients in legal matters as stated in the above, must be duly authorized by the National Board of Revenue (NBR) members of the bar. This affiliation grants them the legal standing to plead on behalf of their clients in Taxes Circle and other legal forums e.g. appellate, tribunal bodies (division benches) and in Alternative Dispute Resolution (ADR).

Professional Competence and Qualifications

Membership in the Taxes bar is a testament to a lawyer’s professional competence. It signifies that tax lawyers have undergone the requisite education, training, and examination processes to practice law. This ensures a baseline level of knowledge and skills, a crucial foundation for handling the intricate nuances of tax laws.

Adherence to Ethical Standards

Bar associations establish and uphold ethical standards for Income Tax lawyers. For tax lawyers dealing with sensitive financial matters, adherence to ethical principles is paramount. Bar membership reinforces a commitment to integrity, confidentiality, and professionalism, fostering trust between clients and their legal representatives.

Access to Legal Resources and Networking

Being a member of the tax bar provides tax lawyers with access to invaluable legal resources. This includes libraries, research materials, and networking opportunities within the legal community. Access to these resources is essential for staying abreast of evolving tax laws and building a strong foundation for informed legal advice. They don’t need to face any written test and/or interview conducted by the authorities of NBR. They just need to face the formal interview of the executive committee of the concerned Tax Bar members, Taxes Circle, Appellate body, Tribunal and ADR are known as quasi judiciary.

Continuing Legal Education

Bar associations frequently require members to engage in continuing legal education. This ensures that tax lawyers stay updated on changes in tax laws, new regulations, and evolving legal practices. Continuous learning is crucial for providing clients with accurate and timely advice.

Professional Accountability

Tax Bar membership establishes a framework of professional accountability. Lawyers are subject to the rules and regulations of the bar association, and any deviations can lead to disciplinary actions. This system ensures that tax lawyers maintain the highest standards of professionalism and ethical conduct.

In conclusion, the affiliation with the bar is not merely a procedural requirement but a cornerstone that upholds the integrity, competence, and ethical standards of Bangladesh tax lawyers. It is the linchpin that connects legal practitioners with the resources, qualifications, and ethical principles necessary to navigate the intricate landscape of tax laws effectively.

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