Published on 01 Dec 12
by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
Recent court and tribunal decisions have refocused attention on the question of taxpayers’ onus in tax appeal proceedings, and are a timely reminder of the significant burden shouldered by taxpayers who seek to challenge an assessment. If a taxpayer’s case does not establish all of the factual elements essential to the correct operation of the law, then the taxpayer will almost inevitably fail.
This article reiterates that a taxpayer who seeks to challenge an assessment in Pt IVC proceedings must do so with clear and unambiguius proof. Taxpayers therefore need to be strategic in gathering the necessary evidence required to make out their positive evidential case and discharge the burden. While this is often a time-consuming and expensive process, it is imperative as compelling legal arguments alone will not guarantee success.
Click here to expand/collapse more articles by Angela Wood.