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13 Sep 2019 Regarding Senior Tax Counsel’s Report ‘Legal professional privilege – a sword or just a shield?’

Editor’s note: Bob Deutsch’s article on tax havens can be found in TaxVine 34 (6 September 2019).

MEMBER 234 writes: 

Hi, 

An interesting read, but I'm not a fan of the decision. 

At no time did Glencore bring the documents into the public domain. 

It seems absurd that the criminal theft of protected information followed by public disclosure would result in the waiver of LPP. 

Think about that for a second. For any activist group, if they can gain access to the LPP data, they can destroy LPP just by publishing it. 

It COULD simply have been the case that the Paradise Papers are publicly available for all including the ATO to see and read but NOT to rely upon legally. 

MEMBER 235 writes: 

LPP should not be found to be in cahoots with tax evaders. 

MEMBER 236 writes: 

My response to Member 232 in last week’s TaxVine

Once upon a time England tried to tax the United States. How did that work out for them? 

Now the United States does its own thing when it comes to international tax law. 

They take millions out of the economies of every country in the world (including Australia) to comply with their own FATCA law and claim that CRS isn’t good enough, but then they refuse to reciprocate the reporting. 

Information goes in, but nothing comes out. 

And the United States still taxes based on citizenship instead of residency so every American living and working here in Australia is responsible for lodging a minimum of three items to the US every year! And there are very few qualified American preparers in Australia, so those preparation fees are also leaving the Australian economy.

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