Published on 01 Aug 12
by "THE TAX SPECIALIST" JOURNAL ARTICLE
False or misleading income tax returns and goods and services tax returns, and false or misleading statements in tax-related documents generally, can attract administrative penalties, or penalty tax, imposed by the Commissioner of Taxation. This article traces the development of the penalty tax regime, from relatively simple provisions in early Commonwealth taxation laws to the present complex and elaborate system of charges and penalties contained in the Taxation Administration Act 1953 (Cth).
The article then considers whether, and in what circumstances, a taxpayer who takes reasonable care in the preparation of his or her income tax return and, in so doing, engages the services of a registered tax agent or other tax professional, may nonetheless be liable to penalty for making an incorrect return. The article concludes with a summary of the possible liability of a taxpayer to an administrative penalty, as the law currently stands.
David Russell CTA-Life
David commenced legal
practice in 1974. He is admitted to practise in Australia, England and
Wales (Lincoln’s Inn), the Courts of the Dubai International Financial
Centre, New York (as a Legal Consultant), New Zealand and Papua
New Guinea. He was appointed Queen’s Counsel in 1986. David
has acted for Commonwealth and State Governments as well as
individuals and corporations and was the President of The Tax
Institute from 1993 to 1995. Current at 01 October 2014
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Stephen McMillan, Barrister, Ground Floor Wentworth Chambers
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