An understanding of the practical application of legal professional privilege and the concessions extended by the ATO to certain external accounting papers and board papers on tax risk, can be critical to the management of tax audits and disputes. It is important to understand:
- when communications will be protected from production to the ATO, and how such protection may be lost
- when and how to claim privilege
- potential future developments in the law of privilege
- common scenarios arising in tax audits/disputes in relation to privilege.