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What to do when the ATO asks for information from you or your clients

Published on 01 Jun 11 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

When seeking information, the Australian Taxation Office correctly prefers the informal approach, at least initially, but can and does back it up with extensive and coercive statutory powers of entry, search and examination. Those statutory powers are under constant analysis and explanation, both by the courts and in the ATO's own Access Manual. This article examines the ATO's powers and its practice, at both the informal and formal levels, and provides detailed commentary about how to respond to and deal with an approach by the ATO, including the assertion of client professional privilege, the accountants' concession, and the difficult question of offshore inquiries. The author recommends the preparation of a corporate communications strategy and a manual for dealing with ATO visits, and provides a checklist of the matters which such a manual might contain.

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Author Photo - David Marks CTA
David Marks CTA
David W Marks QC is a commercial silk specialising in taxation. Current at 21 October 2016 Click here to expand/collapse more articles by David W MARKS.
 
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