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.

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Income tax 2019

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