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  • Claim for concession on ATO access to advice for a corporate board on tax compliance risk

    If we need access to information you hold, we prefer to use a cooperative and informal approach to requesting the information. However, we may also use our formal powers, under Division 353 of Schedule 1 to the Taxation Administration Act 1953, to compel you to provide information.

    If that happens, you can ask the ATO to exercise an administrative concession exempting advice prepared for your board of directors on tax compliance risk (see Practice Statement Law Administration PS LA 2004/14) if all of the following conditions are met.

    Concession conditions

    1. You are a company that can demonstrate you have robust risk management and governance frameworks that cover tax.
    2. The advice takes one of the following forms:
      • information created by advisers for the sole purpose of providing advice or opinion to a corporate board on tax compliance risk
      • information directly relating to corporate board discussions on tax compliance risk advice
      • request for advice on tax compliance risks by a corporate board
      • a collation of tax risks (tax risk register) that is overseen by a corporate board.
       
    3. The advice must be provided by suitably qualified in-house or external advisers.

    Exceptions

    The administrative concession does not apply in the following circumstances:

    • You have not provided full and complete information in a timely manner, and the advice or information subject to the claim is considered relevant to the compliance activity.
    • Information important to the compliance activity cannot be sufficiently established from your documents and other enquiries.
    • You have a history of serious non-compliance or aggressive tax positions.
    • The ATO has reasonable grounds to believe an anti-avoidance provision may apply.

    To submit a claim for the concession

    1. Download and complete the form Claim for concession on ATO access to advice for a corporate board on a tax compliance risk (PDF 173KB)This link will download a file.
      • You should complete this form for each document you consider contains advice for a corporate board on tax compliance risk.
       
    2. Send your completed form to your ATO contact by the due date, as specified in the formal or informal request for information, or by the agreed time.
      • You should have early and ongoing consultation with the compliance team that issued the request for information to assist:
        • you with completing the pro-forma
        • in the early resolution of any potential disputes regarding the validity of some or all of your claims.
         
       

    See also:

    Last modified: 30 Jan 2018QC 48805