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Getting the priorities right: ATO garnishee notices in times of corporate distress

Published on 01 Sep 20 by "AUSTRALIAN TAX FORUM" JOURNAL ARTICLE

One of the most effective debt collection powers within Australia’s current tax regime is the Commissioner’s power to issue a notice to a third party that owes money to, or holds money for, a tax debtor under section 260-5 of Schedule 1 to the TAA (garnishee power). This article will discuss how an insolvent corporate tax debtor is likely to be impacted as a result of the use of this power by the Commissioner.

Author profiles

Sylvia Villios CTA
Sylvia is a lecturer at the Adelaide Law School, University of Adelaide. Sylvia researches and teaches in taxation law, particularly focussing on questions about the operation of the Australian tax system, taxation policy, corporate taxation and the role, powers and accountability of the Commissioner of Taxation. She heads the taxation sub-group of the Regulation of Corporations, Insolvency and Taxation (ROCIT) research unit which is based at the University of Adelaide. She is an editorial panel member of the Australian Tax Law Bulletin, Lexis Nexis. She is currently undertaking her PhD titled 'A Framework for Corporate Insolvency Taxation: The Crossroads of the Theoretical Perspectives in Taxation Law and Insolvency Law' at the University of Adelaide. - Current at 01 February 2016
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David BROWN

 

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