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Legislating the accountants’ concession: considering the UK and the US experience


The Australian position in relation to the current administrative concession that is known as the accountants' concession (relating to tax advice from accountants) is out of step with many other jurisdictions.

In the July 2011 issue of Taxation in Australia, Joanne Dunne examined the Australian and New Zealand positions, and considered the proposals in a discussion paper issued in April 2011. In this article, the authors consider the position in relation to the protection of tax advice provided by accounting professionals in the United Kingdom and the United States. The relevant legislation, case law and commentary regarding the positions in both of these jurisdictions suggest that there are a number of areas which would require particular consideration in the development of reform in Australia if the UK or the US rules are contemplated as a base for Australian reform.

Author profiles

Elissa Romanin
Elissa is a Partner at MinterEllison, who specialises in providing tax structuring, tax due diligence, contract drafting and general income tax advice. Elissa is a member of the panel session on ‘Aligned Values’, offering her experience and views on balancing your personal values with the corporate values of your workplace. Many of the matters Elissa works on involves corporate income tax issues related to mergers and acquisitions, divestments and capital reorganisations. In addition to large corporates, Elissa’s clients include high net wealth individuals and privately owned groups in Australia and abroad. Elissa works with these clients to help structure their wealth ownership in a way that tax-effectively achieves their succession planning and asset protection objectives. - Current at 09 December 2017
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Joanne Dunne CTA
Photo of author, Joanne DUNNE Joanne Dunne CTA is a Director at PwC, Melbourne. She is a former tax partner at law firms in both Australia and New Zealand. She has more than 20 years' tax experience in general income tax, corporate tax, international tax and tax controversy. She is recognised as a leading tax lawyer by a number of independent legal guides including Doyles Guide, and is a member of a wide range of professional organisations, including acting as co-chair of the Tax Institute's Tax Disputes Committee. - Current at 31 May 2017
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