Keynote speech: Statuatory interpretation in a tax context
Author(s): John Fickling
The task of interpreting the Tax Acts is not getting any easier. Many measures, particularly in the corporate tax space, are obscure and the underlying purpose is not always obvious. In this context, understanding the rules of statutory interpretation is vital. This presentation reflects on how the process of statutory interpretation has been approached in a number of recent cases and also touch on some older cases.
The ATO uses Annual Compliance Arrangements (ACA) as the centrepiece of their efforts to build enhanced positive relationships and compliance outcomes with large business. In 2012, Alcoa signed up to an ACA covering Income Tax, FBT, GST and Excise. They were the first company to sign up for all four taxes. Richard shares his journey to date together with the outcomes so far.
In recent times, the ATO has made fundamental changes to its approach to Alternative Dispute Resolutions. The increasing significance of ADR, particularly litigation, has strategic consequences for the management of early stages of disputes with the ATO.
This presentation covers:
recent trends in the use of ADR by the ATO
PSLA 2013/3 - Alternative Dispute Resolution in ATO disputes
strategic considerations arising from early ADR engagement with the ATO.