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

Published on 04 Apr 06 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

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:

Author Photo - David Williams CTA-Life
David Williams CTA-Life
David is a Strategic Adviser in relation to taxation matters operating principally in Sydney. He has been involved in taxation matters for over 35 years, the last 10 as a sole practitioner, and has been writing and presenting on the subject of tax fraud and tax offences since the 1980s with a more recent focus on lessons coming from Operation Wickenby and related investigations, and is the author of Investigations by Administrative Agencies. David was the President of The Tax Institute in 2010. Current at 18 September 2013 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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