On 20 June 2019, the Australian Financial Review published an article entitled: ‘Why the ATO is wrong to go after lawyers’, written by Clayton Utz partner: Ms Amber Augustin. The article contains a link, to another AFR article, which gives the ATO’s perspective on impediments to its investigations. But Amber goes on to explain that there is some inevitable cost for the ‘rule of law’ and beyond that the ATO should challenge improper claims in the usual way (in the Courts) – a thing Amber says the ATO rarely does. Amber also identifies the role of legal regulators, which is to investigate behaviour that warrants disciplinary action.

There are related Tax Technical articles about the ATO’s privilege proposals and the types of conduct it says warrants this (read them and form your own view).

See below for the article.

FJM 21.6.19

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