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A return to sovereign risk


The term “sovereign risk” originally referred to the risk that a government might default on its debt or loan obligations. More recently, the term has come to have a wider meaning and, typically in this wider context, it involves changing the rules in the middle of the game so that people who have made investment decisions and structured their enterprise on the basis of the assurances as to what the government will do find that those assurances have proven valueless. In the author’s view, Australian taxation policy unfortunately now exhibits many features of this broader concept of sovereign risk.

Among these are taxes imposed contrary to specific undertakings, retrospective legislation, unknown legislative rules, inappropriate considerations being taken into account in legislative policy, and the changed treatment of existing long-term investments. Recent developments in each of these aspects of taxation governance are considered in turn in this article.

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Author Photo - David Russell CTA-Life
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 Click here to expand/collapse more articles by David RUSSELL.
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