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Articles
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Lump Sum Payment Assessable as Income
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Poison Pen - Expensive
Penalties for Recklessness in Preparing Business Activity Statements (BAS)

 

In a recent decision, the Administrative Appeals Tribunal (AAT) has set aside a decision regarding shortfall penalties of approximately $134,000 imposed on the taxpayer for recklessness in preparing two business activity statements (BASs).


The taxpayer claimed to misunderstand the advice given to them by the Tax Office and indicated that he did not have an intention to mislead or avoid any payment of GST.

As the relevant law and the calculation of the liability was complex, the AAT held that, under the circumstances, reasonable care was taken by the taxpayer in relation to the BASs.

Credibility of the taxpayer can be a key factor in court decisions - both positive and negative.

 

 

 

 



8th-May-2008