The importance of credibility in tax audits and appeals: Part 1
Source: Taxation In Australia Journal Article
Published Date: 1 Feb 2016
The perceived credibility of a taxpayer's evidence is nearly always critical to the outcome of a tax dispute, whether it is the Commissioner's perception of the taxpayer's evidence following an audit, or the perception of a court or tribunal in an appeal. Perceptions of credibility are often affected by the absence or (in)adequacy of critical records, and inconsistencies between contemporaneous records and subsequent statements made in interviews, examinations, audit responses, objections, issues papers and witness statements. The Commissioner's information-gathering powers provide ample opportunity to unearth any inconsistencies.
The two parts of this article consider the importance of a taxpayer's credibility in tax audits and appeals in the context of the taxpayer's evidential burden and the standard of proof, how credibility is assessed by a court or tribunal, and (in part 2) the practical considerations for both taxpayers and the Commissioner of Taxation in dealing with issues in audit and preparing for an appeal
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Details
- Published By: Chris Peadon FTI
- Published On:1 Feb 2016
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