• Justified trust

    Justified trust is a concept from the Organisation for Economic Cooperation and Development (OECD). It applies to how we engage with large market clients.

    It involves asking: 'If we told the community how we assured the tax paid by a taxpayer, would they be satisfied we did enough?'

    Justified trust builds and maintains community confidence that taxpayers are paying the right amount of tax. It also allows us to focus our resources in the right areas.

    How we achieve justified trust

    To achieve justified trust, we seek objective evidence that would lead a reasonable person to conclude a particular taxpayer paid the right amount of tax. This is a higher level of assurance than confirming certain risks do not arise.

    We tailor our assurance approach based on the unique business profile of a taxpayer.

    When engaging with a taxpayer, we review the following four key areas.

    Understanding a taxpayer's tax governance framework

    We confirm the existence, application and testing of a tax risk management and governance framework.

    We recognise entities use different governance practices based on a range of factors, including their:

    • size
    • ownership
    • complexity
    • industry
    • history
    • corporate culture.

    Identifying tax risks flagged to the market

    We review risks or concerns we communicated to the market (for example, through Taxpayer Alerts, Practical Compliance Guidelines, or Public Rulings). We then determine whether these may be present.

    Understanding significant and new transactions

    We seek to understand current business activities, particularly significant or new transactions, and the tax outcomes.

    Understanding why the accounting and tax results vary

    We analyse the various streams of economic activity and how they are treated for taxation and excise purposes.

    This requires a holistic understanding of the taxpayer's business operations and financial performance. We compare this to its tax performance.

    For example, we analyse:

    • the Effective Tax Borne (ETB) and global value chain to understand the variance between accounting and income tax results
    • sales and acquisitions data and compare this to net GST paid.

    Intended outcomes from our approach to justified trust

    Justified trust gives the community confidence that large businesses are paying the right amount of tax. This fosters broader willing participation and engagement across the tax and superannuation system.

    Our approach helps us focus how we minimise the tax gap through:

    • our engagement strategy (for example, identifying and resolving areas of concern at the earliest possible time)
    • active compliance (for example, audit cases)
    • active prevention across the market (for example, through Taxpayer Alerts, Practical Compliance Guidelines, or Public Rulings).

    See also:

    Last modified: 08 Nov 2016QC 50481