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  • NotAboveTheLaw

How the ATO ‘manages’ parliament – ATO techniques as ‘lawmaker’

June 20, 2021 by Self-Employed Australia

In 2018, high-profile tax lawyer Mark Leibler stated that the ATO effectively makes tax law. He said:

“…for all intents and practical purposes, it’s effectively the (Tax) Commissioner who lays down the law.” “…Commissioner effectively continues to act as lawmaker…”

The accuracy of this statement can be seen, in part, in the way the ATO ‘manages’ its appearances before Parliamentary Committees.

Our observation is that the ATO is polite, professional but provides answers only in general ways, avoids specifics and always emphasises how ‘nice, reasonable, and sensible’ it is. It uses the ‘you can trust us’ approach. By using this approach the ATO deflects attention away from facts that show them to be unreasonable, unfair, aggressive, breaching rules and intent on being an arbitrary tax ‘lawmaker’. In our view the ATO usurps the parliamentary process of democracy in this manner.

We’ve monitored some of the recent Senate quizzing of the ATO (2 and 3 June). Here are some YouTube clips you might find interesting. We think these clips give an insight into the ATO, but we’ll let you decide what you think of the ATO’s parliamentary management techniques.

What is the break up of small business debt? (2:05)

Does the ATO want to use gossip to raise a tax debt? (2:21)

Will the ATO follow the government policy of not
collecting a tax until all appeals are finished?
(3:27)

Does the ATO only garnishee (collect debt) after
contacting taxpayers?
(6:09)

ATO action on garnishees does not match ATO
stated policy says report
(4:05)

The ATO is asking the High Court to change trust
laws in place since 1991. Where is Parliament?
(8:42)

In our view the Australian Parliament needs stronger oversight of the ATO’s tax management processes. Legislation is needed to achieve this.

Filed Under: News Updates, Rule of law, Taxation

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