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  • NotAboveTheLaw

An ‘agitated’ Tax Commissioner – Roast or burn taxpayers?

November 9, 2021 by Self-Employed Australia

jordan-agitatedJust recently we covered on an important Parliamentary Committee Report calling for legislation to create Taxpayer Rights. The Parliamentary Report says that taxpayers need protections from an ATO that may abuse its powers. The recommendations are common sense that we strongly support.

Under Australian legislation all taxing powers belong to the Tax Commissioner. This legislation effectively means the Commissioner has the power of a ‘tax dictator’.

Senate Hearing – ‘burn them’

About a week ago the Tax Commissioner attended a regular Senate Estimates hearing. This is where Senators ask questions of the bureaucrats.

Senator Eric Abetz (Tasmania) asked the Commissioner if he remembered the Four Corners program ‘Mongrel Bunch of Bastards’ that covered ATO abuse of taxpayers.  And if the Commissioner remembered saying that the accusation in the program that the ATO ‘slowly boiled people until they are roasted to death’ was ‘ludicrous and absurd’. The Commissioner said he remembered.

Senator Abetz then produced a transcript record of senior ATO legal officers discussing a strategy against taxpayers to ‘burn them.’ The Commissioner replied, “I’m astounded that you are raising this.” Senator Abetz tried to speak but the Commissioner cut the Senator off with “No listen to me…”  Senator Abetz commented that he was surprised by the Commissioner’s  agitated response’. See the Abetz-Commission video record (10-min YouTube) here.

Senate Hearing – No to ADR – ATO whim

Later in the same hearing, Senator Ben Small (Western Australia) had questions. The Senator asked if there were times when the Commissioner would not enter Alternative Dispute Resolution with taxpayers. (ADR is being hailed by the ATO as a great way to avoid disputes.) The Commissioner responded with a bit of a rambling reply that included “If you (ATO) have entrenched avoiders, ADR wont help.”

That was part of the Commissioner’s reply to the Senator’s question which asked,  “Where a taxpayer in that particular circumstance approached the ATO with a view to engaging in good faith ADR to de-escalate for the parties, are you saying that would not be appropriate?”  See the Small-Commissioner video record (11-min YouTube) here.

So, it seems that the ATO’s much hailed Alternative Dispute Resolution is only available if the ATO likes you. That is, ADR is NOT a right for taxpayers but something entirely at the ATO’s whim. Sounds like a tax dictatorship to me!

ATO ‘bad eggs’

I liked Senator Abetz’s comment to the Commissioner comparing tax officers’ behaviour to those of the police. The Senator said:

“But every now and then we do get a bad egg, and we cannot overcome the bad egg by referring to the 99 per cent of good people in the police force and similarly with the ATO. The concern I have, Commissioner, is that your response … suggests that you are not willing to accept that there might be an issue where you do need to deal with this sort of a culture or behaviour by certain individuals.”

I’d agree with Senator Abetz. We should be concerned. Are taxpayer rights only there at the whim of the ATO dictatorship? That’s neither just nor fair.

Parliament must lead

The parliamentary report calling for a Taxpayer Rights Bill seems to recommend leaving it to the ATO to ‘develop’ those rights. After witnessing the Senate Estimates performance above, every taxpayer should be highly concerned. Taxpayer Rights have to be created by the Parliament. That’s what Parliaments must do. Parliaments are there to protect the people from dictatorships.

It seems we have a lot of work to do for Taxpayer Rights.

It’s worth watching the Tax Commissioner in the Senate:

Here’s the Hansard record

  Abetz-Commissioner video (10 min)

 

 

  Small-Commissioner video (11 min)

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

Reader Interactions

Comments

  1. Michael Mulholland says

    November 17, 2021 at 11:37 pm

    The Ato being the ” hub” for all income derived appears to want to make you increase your “per capita debt”
    So,they become your bank manager , your insurance agent and your one stop shop to direct , determine and profile you!
    You then become a prospective client to various markets based on your income & assets and you are in the pipeline for future sales or projects to drive the economy.
    They will help you establish your careers or work choice and help you succeed or fail depending on whether they like or dislike , approve or disapprove you!!! Sounds like the ” wild wild west ” Bounty hunting!
    If you cannot increase the retirement age why not increase the debt? That way you have no choice but to work longer!
    By the way,forced debt is mentioned in the ” slavery act 2018″ which needs to be reported for corporation with $100 million turnover ( does that include Robodebt?) But what value of having a report when no action is taken against ” corporate or public enterprise? You just end up with a novel for reading!!
    Depriving individuals of making free choices without political power & influence only serves to the detriment of not only the individual growth to prosperity but a nation as a whole!!
    Mr Alexander downer did mention in a TV interview that we in this country suffer from the ” tall poppy syndrome” we want to keep a person down when they trying to get up or if they do get up then we want to find ways to bring them down!!!

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