I recently posted this article about unlawful tax schemes on my LinkedIn pageExternal Link. The ATO takes unlawful tax schemes very seriously and we continue our focus on deterring and disrupting promoters of unlawful tax schemes.
As the Deputy Commissioner of Private Wealth (Behaviours of Concern), a priority of my area is to identify, disrupt, and prevent behaviours that are deliberate and persistent and intended to undermine the tax, superannuation and registry systems. As part of this priority, we focus on advisers and intermediaries who drive or promote unlawful tax schemes involving deliberate exploitation of our systems. The work we do is crucial as unlawful tax schemes cause damage to the revenue that funds essential community services. These schemes can also lead to significant financial and emotional consequences for participants.
Promoters of unlawful tax schemes are always on our radar and can appear in many forms, including accountants, lawyers, financial planners, and consultants. We know most tax advisers do the right thing and give the right tax advice to their clients. However, unlawful scheme promoters present offers that are too good to be true. We use the Promoter Penalty Laws to take action against alleged promoters of unlawful tax schemes, regardless of the firm size, occupation, position in their organisation or standing in the tax community. Read about a recent example of how we're doing this.
Be cautious of unlawful tax schemes. Being involved in a tax scheme can risk more than just your investment. You might also have to pay back tax, with interest and penalties, and sometimes little to no recourse for recouping your losses.
We’ve published information on red flags of unlawful tax schemes. If you believe you have come across an unlawful tax scheme promoter or have encountered an arrangement that appears suspicious, you can make an anonymous tip-off to the ATO. Let us know because being involved in a tax scheme is not worth the risk!
More information, including on making a tip-off, can be found on our website www.ato.gov.au/taxschemes.