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Are you facing an unlimited amendment period due to fraud or evasion?

Journal Article


Abstract


  • The time periods within which the Commissioner of Taxation may amend an assessment provide certainty

    for all parties concerned about the crystallisation of tax-related liabilities. On the other hand, the Commissioner’s

    ability to amend an assessment in perpetuum, where he is of the opinion that there has been fraud or evasion, has

    the opposite effect. For a number of reasons, scrutiny of the in perpetuum amendment provision and its application

    in a given case is important. This article analyses in detail the Commissioner’s power to amend an assessment

    for fraud and evasion. First, the article examines the current state of the law, including a review of the cases on

    fraud and evasion. Next, the article looks at how the Australian Taxation Office has applied the fraud or evasion

    provisions in recent years. Finally, it addresses how to deal with clients, and the ATO, when allegations of fraud or

    evasion arise.

Publication Date


  • 2015

Citation


  • M. Leighton-Daly, 'Are you facing an unlimited amendment period due to fraud or evasion?' (2015) 19 (2) Tax Specialist 66-76.

Number Of Pages


  • 10

Start Page


  • 66

End Page


  • 76

Volume


  • 19

Issue


  • 2

Place Of Publication


  • Australia

Abstract


  • The time periods within which the Commissioner of Taxation may amend an assessment provide certainty

    for all parties concerned about the crystallisation of tax-related liabilities. On the other hand, the Commissioner’s

    ability to amend an assessment in perpetuum, where he is of the opinion that there has been fraud or evasion, has

    the opposite effect. For a number of reasons, scrutiny of the in perpetuum amendment provision and its application

    in a given case is important. This article analyses in detail the Commissioner’s power to amend an assessment

    for fraud and evasion. First, the article examines the current state of the law, including a review of the cases on

    fraud and evasion. Next, the article looks at how the Australian Taxation Office has applied the fraud or evasion

    provisions in recent years. Finally, it addresses how to deal with clients, and the ATO, when allegations of fraud or

    evasion arise.

Publication Date


  • 2015

Citation


  • M. Leighton-Daly, 'Are you facing an unlimited amendment period due to fraud or evasion?' (2015) 19 (2) Tax Specialist 66-76.

Number Of Pages


  • 10

Start Page


  • 66

End Page


  • 76

Volume


  • 19

Issue


  • 2

Place Of Publication


  • Australia