Despite the Australian authorities' ongoing enforcement campaign to counter
offshore tax evasion, Acting Tax Commissioner Michael D’Ascenzo has stated
that tax avoidance structures in other countries continue to be used by Australians
to avoid tax.
According to Mr D’Ascenzo, who issued four new 'taxpayer alerts' last
week, the Tax Office’s ongoing work in this area shows that some people are
still using inbound and outbound transactions with offshore structures to avoid
Australian tax.
“We are continuing to see people using tax havens, low tax jurisdiction
or bank secrecy countries to conceal ownership of assets and income, or to generate
fictitious or inflated deductions,” Mr D’Ascenzo explained.
“There are serious consequences for those who use other countries to
avoid Australian tax and those involved can expect firm action from the Tax
Office," he added.
The Tax Office is investigating arrangements such as: invoicing arrangements
involving an offshore structure to obtain or provide goods or services to inflate
deductions or defer income, and transfers of assets to an offshore structure
either for ongoing use or sale of the asset to avoid capital gains tax.
According to the ATO, some taxpayers use the arrangements to return money to
Australia for their private use, and the Tax Office says that it has seen instances
of fictitious gifts from non-existent overseas relatives.
“People should be cautious about entering into these types of arrangements,"
noted Mr D’Ascenzo
The ATO is encouraging taxpayers to take advantage of penalty discounts offered
under Australian law for those making a full and true voluntary disclosure.
Voluntary disclosure includes the provision of known details of the promoter
who designed, sold or implemented the arrangements, and known details of the
methodology employed.