Miscellaneous 2017

A critical evaluation of how aspects of the tax system in Australia are administered and their impact on corporations and directors

Source: Australian Tax Research Foundation

Published Date: 1 Jul 2017

 

The obligations of directors when managing corporations in Australia are becoming increasingly difficult. The tax regulator (the Australian Taxation Office) and the legislature impose increasingly onerous obligations on directors such that often there is the potential for conflicting demands to be made on directors.

This treatise reviews the way that the ATO administers the tax system in Australia, and identifies areas where the ATO may not be following best practice. The treatise also considers responsive regulation, the risk-differentiation framework used by the ATO, and the liability (both civil and criminal) imposed on directors for a breach by a company of its tax obligations.

The author concludes that there are areas of concern in the manner in which the tax system in Australia is administered and makes various recommendations for improving this system.

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