Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution

This opinion piece summarises the research and finding of three previously published papers in the New Zealand Journal of Taxation Law and Policy. The authors’ research suggests that the sometimes confusing and apparently convoluted legislative change and evolving case law are leading practitio...

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Main Authors: Fullarton, Lex, Pinto, Dale
Format: Journal Article
Language:English
Published: 2022
Subjects:
Online Access:http://hdl.handle.net/20.500.11937/88940
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author Fullarton, Lex
Pinto, Dale
author_facet Fullarton, Lex
Pinto, Dale
author_sort Fullarton, Lex
building Curtin Institutional Repository
collection Online Access
description This opinion piece summarises the research and finding of three previously published papers in the New Zealand Journal of Taxation Law and Policy. The authors’ research suggests that the sometimes confusing and apparently convoluted legislative change and evolving case law are leading practitioners to become increasingly reliant on ATO rulings and advice rather than conducting their own legislative research and making their own interpretations of statutes. This article argues that the practice of accepting ATO opinions without challenge can have extremely significant fiscal impacts on taxpayers and tax collections. It warns that tax practitioners should not always consider that the rulings, determinations and advice provided by the ATO give the greater clarity and certainty in the preparation and lodgement of taxation returns and the payment of tax that are sought by practitioners.
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spelling curtin-20.500.11937-889402023-07-27T03:30:27Z Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution Fullarton, Lex Pinto, Dale ATO Pronouncements, Professional Ethics, Statutory Interpretation This opinion piece summarises the research and finding of three previously published papers in the New Zealand Journal of Taxation Law and Policy. The authors’ research suggests that the sometimes confusing and apparently convoluted legislative change and evolving case law are leading practitioners to become increasingly reliant on ATO rulings and advice rather than conducting their own legislative research and making their own interpretations of statutes. This article argues that the practice of accepting ATO opinions without challenge can have extremely significant fiscal impacts on taxpayers and tax collections. It warns that tax practitioners should not always consider that the rulings, determinations and advice provided by the ATO give the greater clarity and certainty in the preparation and lodgement of taxation returns and the payment of tax that are sought by practitioners. 2022 Journal Article http://hdl.handle.net/20.500.11937/88940 English fulltext
spellingShingle ATO Pronouncements, Professional Ethics, Statutory Interpretation
Fullarton, Lex
Pinto, Dale
Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution
title Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution
title_full Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution
title_fullStr Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution
title_full_unstemmed Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution
title_short Australian Taxation Office Pronouncements: Why tax advisers need to exercise caution
title_sort australian taxation office pronouncements: why tax advisers need to exercise caution
topic ATO Pronouncements, Professional Ethics, Statutory Interpretation
url http://hdl.handle.net/20.500.11937/88940