Lawyers are 'misusing' privilege in tax cases and the ATO wants it to stop

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Tax commissioner Chris Jordan is concerned some lawyers are using legal professional privilege to conceal contrived tax arrangements.

Mr Jordan has repeatedly argued publicly against the findings of the media investigation, but did admit on Thursday that the ATO was a big organisation with more than 20,000 staff and therefore did not always get things right."We've got to be better at identifying when we make a mistake, apologising for it, and compensating when there has been a loss," he said.

He welcomed the review recently announced by Small and Family Business Minister Michaelia Cash which will see Kate Carnell, the Australian small business and family enterprise ombudsman examine instances of overzealous tax officers recovering debts while tax disputes between small businesses and the ATO were still underway.

"Given the draconian nature of the notices and the lack of judicial or other external oversight of notices before release, they should be used only as a last resort … if at all." Mr Jordan said the ATO was using private sector expertise to chase down taxpayers owing debts, including those hiding money offshore.

Source: Law Daily Report (lawdailyreport.net)

 

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'Clever' accountants&lawyers have been thwarting the tax office for too long. I saw the flipside for some with clever accountants working in Centrelink. Some payments were based on income loss eg. sickness benefit but if no taxable income there is no loss&no payment. Too clever!

Legal professional privilege exists to assist law enforcement to encourage taxpayers to disclose all material matters to obtain proper advice. If abrogated there is a risk that voluntary disclosures may diminish 34thNatCon TaxInstituteOz

Lawyers or the Bar Association only represent people of entitlement under the tyrannical British rule. We the People demand Common law courts from our subjectal shackles

Please now do ,,,,, why little Billy took 10 yr's to declare his $40,000 donation, what a terrible example you set Bill Shorten. And still an accused rapist ,,, 🤮

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