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Some aspects of administrative penalties under the Taxation Administration Act 1953


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.

Author profiles:

Stephen McMillan, Barrister, Ground Floor Wentworth Chambers Current at 03 September 2012 Click here to expand/collapse more articles by S.J MCMILLAN.
Author Photo - David RUSSELL
David is admitted to practice in New South Wales, Queensland, Victoria, the Northern Territory, the Australian Capital Territory, New Zealand, Papua New Guinea and the Courts of Dubai International Financial Centre. He was first appointed Queen’s Counsel in 1986 and holds that office in all the above Australian jurisdictions. He currently practices in Sydney (Ground Floor Wentworth Chambers) and Brisbane (Sir Harry Gibbs Chambers) with a principal focus on revenue law generally. He has acted for Commonwealth and State Governments as well as individuals and corporations. He has had a long connection with the Taxation Institute of Australia including being its President from 1993 to 1995 and President of the Asia Oceania Tax Consultants Association from 1996 to 2000.
Current at 17 May 2008 Current at 07 August 2008 Click here to expand/collapse more articles by David RUSSELL.


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