• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Home
  • Content Disclaimer
  • Contact Us

Self Employed Australia

"Everyone needs an Advocate"

“Everyone needs an Advocate”

  • Current Advocacy
    • Reforming the ATO
    • Fair Contracts
    • Fixing Disputes/Prompt Payment
    • The ‘Gig’ Economy
  • Past Advocacy
    • Submissions
    • Defending ABN Contractors
    • Work Safety
    • Independent Contractors Act
    • Owner-Drivers
    • International Labour Organisation
    • Independent Contractors: How Many?
  • SEA Submissions
    • Submissions
    • Independent Contractors: How Many?
  • NotAboveTheLaw
    • Robodebt
    • Hotel Quarantine 2020
    • Chemical Fire 2019
  • Be Your Own Boss

Tax bureaucrats try to sneak one through

January 18, 2022 by Self-Employed Australia

robertWho runs Australia? Is it the politically accountable politicians elected through the democratic process? Or is it the unidentified, unelected, bureaucrats who hide behind closed doors?

A situation happening now indicates that at least some Commonwealth bureaucrats think they run the country and democracy can go jump!

In the April budget last year, the Morrison government announced that the Tax Office would no longer be able to collect a small business tax debt while in dispute and under appeal. That’s a damn good policy move for tax fairness.

robertThe Small Business Minister stated in Parliament:

“We are backing small business in over the ATO. No longer will the ATO be able to garnishee and takeaway while the dispute is in train …”

A recording of the Ministers statement in Parliament can be viewed here  (23 sec)

A key job of the Commonwealth Treasury department is to draft legislation that puts government policy into effect. Last week, nine months after this very clear policy statement, Treasury released draft legislation that does the opposite of what the government promised. (See here and here.)

The draft legislation would not automatically stop the ATO collecting on a disputed debt. It would force a taxpayer to apply to the Administrative Appeals Tribunal (a very expensive process) for a pause. And a taxpayer would have to prove that their application did not “restrict …administration of tax law…” In our view this is a sneaky bureaucratic way of killing off the Morrison government’s attempt at small business tax fairness.

Yesterday we lodged a submission condemning the draft law and calling for it to be put in the trash bin. Here’s our submission (3 pages).

Robert Gottliebsen in The Australian took the same view with the headline ‘Tax bureaucrats try to sneak one through.’

Why ‘sneaky’? The draft legislation was released for ‘consultation’ on 12 January, smack bang when most people are on holidays, and during the height of the Djokovic mess and while the government was/is handling supply chain and other Covid ‘crisis’ issues. And Treasury has given only seven days for responses. The draft legislation is short and tax bureaucrats have had nine months where they could have done something. Looks sneaky? Probably is sneaky!

We’ve said in our submission:

The job of Treasury is to faithfully draft legislation that accurately reflects the government’s policy intent … we submit that this draft legislation undermines the government’s policy intent and the process of democracy in Australia.

We’ve made it clear what the legislation should look like.

Normally we admire the professional integrity of the Australian public service and their respect for the democratic process. This situation is a dark smudge on that professional integrity.

Filed Under: News Updates, Rule of law, Self-employment, Tax Reform, Taxation

Primary Sidebar

Recent Posts

  • SEA historical website January 31, 2024
  • Closed doors January 31, 2024
  • We ask you: Make your views known to independent Senators! — Urgent January 9, 2024
  • We ask Senator Pocock: Does he support the outlawing of self-employment? January 5, 2024
  • Ooops! Common sense turns into double-cross. Trojan Horse December 14, 2023
  • Loophole Update – Common sense at last – Movement! December 7, 2023
  • Dancing with Alice at the Mad Hatter’s tea party – Loophole Bill farce November 29, 2023
  • Thank goodness for the independents! Loophole Bill is a huge PILL November 24, 2023
  • Loophole Bill – State of play November 20, 2023
  • You don’t save something by destroying it! November 13, 2023

Categories

Copyright © 2025 · News Pro on Genesis Framework · WordPress · Log in