Tax cases: August 2024

Published tax cases August 2024

tax cases August 2024

Federal Court:

Tax Practitioners Board v Van Dyke [2024] FCA 899 14 August 2024 | Abraham J

TAXATION – Civil penalties – admitted contraventions of s 50-5(1) of the Tax Agent Services Act 2009 (Cth) – providing tax agent services while not a registered tax agent – respondent conscious of wrongdoing – respondent continuing to breach the Act after receipt of cease-and-desist letter outlining initial contraventions had been detected – need for specific and general deterrence – course of conduct principle in the assessment of pecuniary penalties – bankruptcy of respondent considered – grant of declaratory injunctive relief – imposition of pecuniary penaltyFull decision here

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Administrative Appeals Tribunal:

Bootlis and Commissioner of Taxation [2024] AATA 2723 2 August 2024 | Deputy President Ian Hanger AM KC

Where applicant’s tax agent lodged tax returns for relevant years – where applicant filed amended tax returns containing sizable deductions without tax agents knowledge in respect of a trust that did not exist – where applicant accepted statements made in the amended tax returns were incorrect – whether Commissioner has correctly imposed a penalty for recklessly making a false and misleading statement – whether Commissioner’s decision to not exercise discretion to remit penalties should have been made differently – whether claimed hardships enliven discretion to remit – whether applicant has discharged her burden of proof pursuant to section 14ZZK(b)(i) of the Taxation Administration Act 1953 (Cth).

Full decision here

Ziolkowski and Commissioner of Taxation [2024] AATA 2857 13 August 2024 | Senior Member R Olding

PRACTICE AND PROCEDURE – where applicant repeatedly failed to comply with the Tribunal’s directions – application for review dismissed.

Full decision here

Disclaimer: The information on this page is for general information purposes only and is not specific to any particular person or situation. There are many factors that may affect your particular circumstances. We advise that you contact Mathews Tax Lawyers before making any decisions.

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