The Commissioner has revised the practice statement that provides guidance to ATO staff considering fraud or evasion in the context of the unlimited time periods which allow the Commissioner to amend assessments (or to seek the payment of indirect tax which has been underpaid) due to fraud or evasion (PS LA 2008/6).
- what is fraud or evasion;
- the policy reasons for having an unlimited amendment period where there is fraud or evasion;
- the principles underpinning the ATO approach to fraud or evasion; and
- the procedures and work practices to be followed, including technical engagements and referrals, in considering fraud or evasion.
|Melanie Baker, CTA|
The practice statement is supplemented by the Fraud or evasion guideline (period of review). The principles and processes set out in these documents recognise that fraud and evasion are both serious matters, and never to be inferred lightly.
At October's 6th Annual Victorian Tax Forum in Melbourne, Melanie Baker, CTA, (Victorian Bar) and Trevor Jones, CTA, (Australian Taxation Office) present the session ‘Fraud or evasion?’, part of the Forum’s Hot Topics stream.
The Commissioner has extensive powers to amend assessments at any time where there is fraud or evasion. The session will consider what this means at law, and when and how the Commissioner should apply those powers.