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The promoter penalty regime – How the ATO is applying it in practice paper

Published on 17 May 12 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • background to promoter penalties
  • not just mass marketed schemes
  • managing uncertainty - Reasonably arguable position?
  • the ‘advice exclusion’ and its limitations
  • how the ATO manages risk of potential contravention of the promoter penalty laws
  • ATO’s approach to information collection on promoter penalty related cases.

Author profile:

Bruce Collins CTA
Bruce is the Assistant Commissioner in the Public Groups & Internationals (PG&I) line in the ATO. Bruce leads the Risk & Strategy area in PG&I to understand the characteristics of over 31,000 PG&I client groups and oversee strategies to tailor engagement with them based on their complexity, transparency, choices and behaviours. Bruce has been heavily involved in transforming ATO approaches to rebalance the PG&I compliance direction and investment as part of the Reinventing the ATO. Bruce has had an extensive career in the ATO spanning 34 years, mostly in national technical, compliance and risk leadership roles. Prior to joining the PG&I area in July 2015, Bruce spent six years leading the ATO’s aggressive tax planning strategy and three years providing technical and case leadership in the Private Groups & High Wealth Individuals area. Current at 01 February 2016 Click here to expand/collapse more articles by Bruce COLLINS.
 

This was presented at NSW 5th Annual Tax Forum.

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