Limiting abuse of administrative power and enhancing economic welfare

Regardless of whether a taxpayer has provided sufficient information to determine the tax consequences or purpose of a particular transaction, it appears that the A TO regularly (and not always appropriately) asserts Pt IVA to seek access to otherwise confidential tax advices prepared by accountants. This article reiterates a previous suggestion, in response to the discussion paper on privilege in relation to tax advice, to entrench the current administrative arrangement known as the accountants' concession. Increasing judicial scrutiny of the Commissioner's decision to lift the exemption from disclosure in respect to tax advice prepared by accountants better promotes confidence and consistency in the exercise of access powers and facilitates more full and frank disclosure by taxpayers.