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The practicalities of privilege: Keeping protected information protected presentation

Published on 22 Aug 13 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

Once an ATO review has commenced, the taxpayer will almost certainly need to support its position with relevant documents and information. However, there can be serious consequences for taxpayers (and their advisors) who provide protected information to the ATO.

This presentation covers:

  • the state of the taxpayer's documentation and how readiness for an ATO review can be enhanced
  • categories of protected information: legal professional privilege and accountants' concession
  • common pitfalls and inadvertent waiver of a taxpayer's protected information
  • strategies for dealing with ATO requests involving confidential information
  • the Commissioner’s compulsive powers - sections 263 and 264 of the Income Tax Assessment Act 1936.

Author profile:

Thomas Arnold CTA
Thomas Arnold, CTA, is a Senior Associate in the Tax Controversy team at Maddocks Lawyers. He has more than 13 years’ experience in litigation and for the last 10 years has practiced exclusively in the area of tax disputes. Thomas has advised clients at all stages of the tax dispute lifecycle • from preliminary risk reviews to High Court litigation. As part of the Tax Controversy team at Maddocks, he acts for both taxpayers and the Commissioner. Current at 22 April 2014 Click here to expand/collapse more articles by Thomas Arnold.
 

This was presented at Review to Dispute with the ATO.

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