Update on JobKeeper data – to protect secrecy of taxpayer data, Commissioner proposes alternative data go to Senate Committee

On 23 August 2021, the Senate passed a motion ordering the Commissioner of Taxation to provide protected information about some businesses which received JobKeeper Payments. The ATO takes its obligations to uphold taxpayer secrecy laws very seriously. As you may be aware, the Commissioner pursued a claim for public interest immunity in this matter. The Senate did not accept that claim.

The Senate Standing Committee of Privileges subsequently produced a report into the matter late last year which, in its findings, noted the Commissioner had proposed a potentially acceptable approach to providing the information the Senate requires.

A principal objective of the Commissioner has been ensuring the Senate can carry out its critical function while addressing the Commissioner’s genuine concerns, acknowledged by the Committee, that community confidence in the protection of taxpayer information would be affected.

The Commissioner’s proposal is aimed at allowing those objectives to be met, by providing de-identified data at an entity level including:

1. 1. the total amount of JobKeeper payments received by the employers with turnover of greater than $10 million
   2. the peak number of employees that the employer claimed JobKeeper payments for
   3. the voluntary repayments made by the employer in relation to JobKeeper
   4. the ANZSIC code reported to the Australian Taxation Office by the entity.

This data was tabled in the Senate on Thursday, 3 February 2022.

Date: Thursday, 3 February 2022 – Private Groups Stewardship Group <PrivateGroupsStewardshipGroup@ato.gov.au> –

[Tax Month – February 2022 – Previous 2022] 3.2.22