As government outrage deepens over leaks of secret tax policy consultations by PwC personnel, industry figures were describing the scandal as a watershed event for the government which isadvice from big four firms on whom it relies to help shape new tax laws.
It is also looking at past advice. The wider issue the government is struggling with is whether the advice it got about the Base Erosion Profit Shifting policies from big four firms was flawed, and whether weaknesses were baked into the new laws or loopholes ignored. Peter Collins, former international tax leader for PwC Australia, has had his registration as a tax agent terminated.
In 2019, then assistant treasurer Michael Sukkar commissioned a review of the TPB led by tax lawyer Keith James. The review noted that the TPB was the only regulator that can discipline wayward tax agents or tax firms, imposing either a written caution, making an order , or suspending or terminating registration.
“Our recommendations were made after extensive consultations with all interest groups,” Mr James told. “There was a common thread that the independence of the TPB should be strengthened, the consequences for breaches of the code be extended and the TPB be resourced to improve ethical standards.”Despite support from the profession, the Tax Office and the TPB, the 45 recommendations by Mr James went nowhere for three years.
So when the TPB met to decide on its PwC investigation six days later, board members knew the three-year struggle to overhaul the TPB had failed.
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