When facing an ATO indirect tax review, you have various rights and responsibilities:
Rights:
Fair Treatment: You have the right to be treated in a courteous, considerate, and fair manner.
Privacy: Your personal and business information should be kept confidential, subject to the ATO’s obligations to disclose certain information under tax law or other legislation.
Representation: You can choose to be represented or accompanied by a third party, like a tax agent, lawyer, or accountant, during the review process.
Information: You have the right to know why the ATO is requesting specific information, how it will be used, and the consequences if you do not provide it.
Review: If you disagree with the outcome of the review, you can request an internal review or appeal to an independent tribunal or court.
Feedback and Complaints: You have the right to provide feedback or lodge complaints if you are unhappy with the conduct or decisions made by the ATO.
Responsibilities:
Honesty: You must provide accurate and complete information to the ATO. Misleading the ATO, either by providing false information or by omitting material information, can have severe consequences.
Provide Information: If the ATO requests specific documents or information, you are obligated to provide it within a given timeframe.
Keep Records: Under Australian tax law, businesses are required to keep specific records, usually for a minimum of five years. These records should be in English (or easily translated into English) and must be made available upon request during a review.
Cooperate: You should cooperate with the ATO officers, provide access to premises when required (with notice), and assist in ensuring that the review process runs smoothly and efficiently.
Ask Questions: If you are unsure about what is required, or why certain information is being requested, it’s your responsibility to seek clarification. This can prevent misunderstandings and potential non-compliance issues.
Engage with ATO: If you’re facing difficulties, like being unable to provide information within the given timeframe, it’s essential to engage proactively with the ATO to discuss potential solutions or extensions.
Remember, the purpose of an ATO review is not just to ensure compliance but also to provide support and guidance to taxpayers to meet their obligations. It’s always beneficial to approach an ATO review with a proactive and collaborative attitude. If you have concerns or are unsure about the process, consult with a tax professional or legal counsel familiar with Australian tax law.
BTG can help.
BTG International has helped some of the worlds most respected companies prepare for and/or manage an Indirect Tax review. Call us on 1300 650 258, email contact@btgi.com.au or leave your details and we will be in touch.
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