The Tax Institute welcomes the opportunity to make a submission to the Treasury in relation to the exposure draft legislation to extend the power of the AAT to pause or modify ATO debt recovery action (Consultation). Our comments below relate to the Treasury Laws Amendment (Measures for Consultation) Bill 2022: Increased Tribunal powers for small business taxation decisions (Bill) and the Explanatory Memorandum.
The Tax Institute supports the Government's policy intention of 'making it easier for small business to pause debt recovery action'.1 However, we have concerns in respect of the drafting of the Bill which we do not consider gives effect to the policy underpinning the measure.
We have had the benefit of reviewing the submission prepared by the Business Law Section of the Law Council of Australia (LCA). The Tax Institute wholly endorses and supports the LCA's submission. Please consider the LCA's submission to be a reflection of our concerns regarding the Bill as currently drafted, and our recommendation of the preferred approach contained therein to ensure the Government's policy intention of 'Making it easier for small business to pause debt recovery action' is met.