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Australia: decision impact statement issued on Denlay v FCT

Wednesday, 03 April 2013   (0 Comments)
Posted by: SAIT Technical
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By Taxvine (Tax Institute Australia)

The Australian Taxation Office has issued a Decision Impact Statement in relation to the decision of the Full Federal Court in Denlay v FCT [2011] FCAFC 63; 2011 ATC 20-260; (2011) 83 ATR 625.

The decision concerned whether amended assessments could be set aside because the Commissioner had used information from a third party who had allegedly stolen it, giving rise to conscious maladministration in making assessments.

The Full Federal Court held that the issue of assessments under s167 of ITAA 1936 was not attended by conscious maladministration. Even if the information had been reasonably suspected of having been illegally obtained, its receipt was within the ambit of s 263 of ITAA 1936 and its use was for a legitimate purpose under the taxation laws. Using the information was conscientious administration of the taxation laws. The ATO agrees.



Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.

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