Income tax 2019

Fraud and evasion

Source: The Tax Specialist Journal Article

Published Date: 1 Jul 2019

 

Income tax affairs are closed after two or four years. There are many exceptions, but a general exception for fraud or evasion causes angst. This exception originated in measures introduced to benefit taxpayers. The beneficial origin is easy to forget when a client is dismayed at being accused by a government agency of fraud or evasion. The article explains the meaning and origin of these expressions, and examples of conduct held to fall on one or other side of the line are given. The facts, not just some oft-quoted paragraphs about the law, need to be understood in the old cases. The article revisits classic High Court cases, and explains forgotten Board of Review decisions, providing illustrations. A difficult legal issue presently is how to challenge the Commissioner's opinion that there is fraud or evasion. The article suggests making it an objective test, not depending on an opinion, and recommends how to handle these problems pending law reform.

Sorry, this is subscriber only content.

To gain access to this material and much more - Subscribe Now.

(Note: Members can access Taxation in Australia journal articles without a Tax Knowledge Exchange subscription - please log in to access).

Already a Subscriber? Login now

Already a Subscriber? Login now

Details

The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

The Tax Institute
(ABN 45 008 392 372 (PRV14016))

("TTI")

The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009. 

Copyright Statement

All materials provided on this site are protected by copyright and are owned by or licensed to TTI.

Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.

Tags

Income tax 2019

Share this page