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President's report: Evasion – Who should bear the “burden of proof”?

Published on 01 Aug 12 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

When it comes to tax evasion, there is a growing trend to conduct audits spanning many years. Ken Schurgott this month looks at who should be responsible for proving that assessments beyond the four-year period are correct or incorrect.

Author profile

Kenneth Schurgott CTA-Life
Ken Schurgott, CTA-Life is a Solicitor - Director of Schurgott & Co Lawyers specialising in taxation matters (including State Taxes, stamp duty, payroll tax and land tax) and with extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts. Ken has been heavily involved in consultations with the ATO and Treasury on matters involving trusts including the inter-relation with Division 7A. He was National President of The Tax Institute in 2012. - Current at 28 September 2017
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