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14 Jan 09 Decision Impact Statement - Futuris Corporation

The ATO has issued a Decision Impact Statement in relation to the High Court decision in FCT v Futuris Corporation Ltd [2008] HCA 32; 2008 ATC 20-039; 69 ATR 41. The case held that challenges to an income tax assessment should be made using the processes in Part IVC of the Taxation Administration Act 1953 unless there is corrupt conduct or a deliberate failure to comply with the provisions of the income tax law by the Commissioner.

The ATO states that any allegation of corruption and a deliberate failure to comply with the provisions of the ITAA1936 must be properly pleaded and particularised. There is a clear direction to lower courts not to entertain claims made without a solid prima facie case. The Commissioner will make strike-out motions (or seek summary judgment) in respect of section 39B applications (or applications made under section 75(v) of the Constitution) that do not have such a solid basis, including substantial evidence to support allegations of corrupt conduct or deliberate failure to comply with the provisions of the Act. The Commissioner will also seek cost orders in such cases.

For a copy of the Decision Impact Statement, go here.

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