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Part 3: Can the Tax Office ask you to get information from overseas?

Last updated 17 May 2020

Offshore information notices

If we believe that information relevant to your assessment is held overseas, you may receive a written 'offshore information notice' asking you to get the information for us.

The Tax Office will give you 90 days to supply the information. You may ask for extra time by applying in writing to a tax office before the time runs out. If you are allowed extra time, you will be advised of this in writing. The extra time will be given if the Tax Office has not answered your request before the time allowed runs out.

The Tax Office may change the notice in writing to:

  • reduce its scope, or
  • correct a clerical error or obvious mistake.

The Tax Office may also issue you with another notice or vary or withdraw a notice.

If you fail or refuse to comply with an offshore information notice, you have not committed an offence.

However, if you don't give the Tax Office all of the information asked for, you could be stopped from using it as evidence in proceedings in which you dispute the assessment.

The Tax Office may consent to information being admissible in proceedings where the Commissioner considers that its use would not be misleading.

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