In dispute with the ATO over a tax debt? The onus shouldn't be on you to prove it's wrong, federal inquiry finds

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A parliamentary inquiry suggests sweeping changes to the law to better protect vulnerable taxpayers, including reversing the onus of proof for cases of fraud and evasion.

Small businesses and individuals in dispute with the tax office over an alleged debt will not be required to pay it until a final determination is made by a relevant dispute body or court, according to recommendations of a federal parliamentary inquiry.

The committee also recommends that the federal government introduce something equivalent to a US-style taxpayer bill of rights, where legislative rights are enshrined in the law.At present, if someone is accused of tax evasion they are seen as guilty until they prove themselves innocent and have to pay back part of the debt until they prove otherwise.

The House of Representatives Standing Committee on Tax and Revenue's 19 recommendations are largely borrowed from observations out of the United States where taxpayers have stronger legal rights. A taxpayer bill of rights and stronger powers are both calls that have been made by Inspector-General of Taxation Ombudsman Karen Payne and small businesses that have been subject to aggressive debt collection practices by the ATO and spent years fighting the agency over alleged debts.

"A bill of rights is something that taxpayers can rely on and can use to defend themselves against tax office action that is adversely impacting them.

 

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