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Promoter penalties - don't be fooled you may be at risk paper


This paper provides practical advice in the following areas:

  • how you can draft engagement letters to make clear your role
  • how you can still obtain the mere advice exception when also drafting documents and preparing accounts
  • when you will be acting as more than an adviser and have a penalty exposure
  • whether you have a problem if the promoter uses your advice letter in the marketing material and, if so, how you can protect yourself.
This paper includes some minor updates made by Mark Robertson for presentation on 15 February 2007 at the 2007 Financial Services Taxation Conference held on the Gold Coast and on 23 February 2007 at the Promoter Penalties seminar held in Brisbane.

Author profile

David Williams CTA-Life
David Williams, CTA (Life) is a Strategic Adviser in relation to taxation matters operating principally in Sydney. He has been involved in taxation, death duty and estate planning matters for over 45 years, the last 15 as a sole practitioner and prior to that as a partner at an international law firm. He drafted his first will in 1968 and his most recent last week with quite a few in between. During that time he has written and presented extensively on a wide range of subject matter. David was the President of The Tax Institute in 2010. - Current at 19 September 2018
Click here to expand/collapse more articles by David J WILLIAMS.


This was presented at 2007 Financial Services Taxation Conference: Financial Services Unleashed .

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