Source: Taxation In Australia Journal Article
Published Date: 1 Aug 2011
Access guidelines issued by the Australian Taxation Office (ATO) limit the power of the ATO to have access to working papers consisting of advices prepared by external accountants about taxpayers' taxation affairs. That part of the access guidelines is known as "the accountants' concession". Two recent decisions of the Federal Court in the Stewart and Denlay matters have brought the concession into focus.
This article examines those decisions in detail, and relates them to two current reviews into the nature and scope of the concession and the exercise of access powers. In the author's view, the Stewart decision makes it clear that any material noncompliance by the ATO with the procedures stipulated in the accountants' concession is subject to judicial review, and it is therefore arguable that legislation is not necessary. Nevertheless, it is argued that the access guidelines need to be revised and, in particular, should be expanded to deal with documents in the possession of third parties.
More by Chris C Branson
Reasonably arguable position: What is the standard? - Journal 01 Nov 2012
ANZ Bank required to hand over Vanuatu information - Journal 01 Jun 2012
Reportable tax positions: A recent innovation by the ATO - Journal 01 Feb 2012
Misunderstanding the nature of Propend privilege - Journal 01 Oct 2009
Waiver of legal professional privilege - ATO's access and information gathering powers - Paper 28 May 2008
Waiver of legal professional privilege - ATO's access and information gathering powers - Presentation 28 May 2008
McNeil's case: Was there any money in the pocket? - Journal 01 Oct 2007
Hart's Case: What may constitute a scheme - Journal 01 Dec 2004
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