If someone is operating a services company but does not possess a professional qualification and there is no supervising regulating entity for the activity carried out deeming the company liable for the surcharge would appear to be at odds with this determination?
See page 64: "Therefore the absence of a formal educational structure to qualify the Appellant’s staff and external consultants to perform their work and the lack of accountability and regulation by a supervising regulating entity leads me to conclude that the Appellant was not engaged in a “profession” or in the “provision of professional services” as envisaged by TCA, section 441"