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12 Dec 08 Legal Practitioners Working Party

The Taxation Institute’s Deputy National Technical Committee Chair Ken Schurgott FTIA (SBN lawyers) represented the Taxation Institute at a meeting of the Legal Practitioners Working Party on Monday, 8 December 2008. The ATO provided an update on the Legal Practitioner Service Survey (see below) and discussion was conducted on the new Proof of Identity (POI) procedures. The particular issues discussed were the potential extension of the professional to professional entry point to the ATO for unique technical issues, the possible extension of the FAST key code entry point for tax agents to legal practitioners, and the Proof of Identity processes set out in the Corporate Management Procedures and Instructions.

In respect of the Incorporation of Legal Practices a two page document on no goodwill partnerships was discussed which indicated that the ATO would not extend its administrative practice of accepting no goodwill partnerships to the transfer of Partnership interests to a company. Papers on Legal Professional Privilege and the “Fair use of our access and information gathering powers” were also tabled with discussion deferred on these issues until the next meeting.

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