Speaking at the Tax Institute’s 7th Annual Tax Reform Thur 22.5.2014, ATO Deputy Commissioner, Mark Konza, provided some insights into the work the ATO and Treasury are currently undertaking in relation to the OECD’s base erosion and profit shifting (BEPS) Action Plan. Mr Konza said the ATO supports Treasury in its consideration and advice to the Government by providing Treasury with the ATO’s observations and insights into the tax system in action.

In relation to the digital economy, Mr Konza said BEPS risks do pose a threat to the corporate tax base within Australia. He said the ATO’s compliance checks so far have indicated potential BEPS risks in a wide range of businesses including large technology MNEs, small internet business and even brick and mortar businesses locating automated activities on offshore servers. In its advice work, the ATO has also seen the development of parallel business models where local businesses are developing an internet based business offshore, sometimes as an option for the customers of their existing business, sometimes as an online competitor in their existing industry. Mr Konza said the ATO’s advice and compliance work will help it to identify and address BEPS risks in a digital context under the current law. He said the ATO will also be keeping a close eye on the work of the Action Plan to address issues related to the digital economy and work with Treasury on areas where the current law may need to be looked at.

[LTN 98, 23/5/14]