Trustee Resolutions

Agreed Aaron sometimes I have made comments regarding your suggestions because many times you have been wrong in your interpretation of the tax law and have made statements on a public forum which are inaccurate and others may rely on.

As you have also obtained a law degree people may take this as having a higher level of understanding and therefore rely on the information you have provided. Unfortunately you give many the impression of a high degree of tax knowledge but demonstrate a very low level of such.

I don't either like or dislike you as a person but as someone who posts 'knowledge' about tax law it is generally very poor and that is something I have an issue with. at least i am honest on this forum and tell you so. I know many others who talk about you behind your back about such comments. I'll be straight up and tell you my thoughts. If you don't like me for it to be honest I don't care and I'm sure you feel the same.

However your knowledge as a finance broker seems very good and I am sure your clients do appreciate the quality advice and structuring you provide in that area. I know very little about that area and steer well clear of commenting on it. It's not my area of expertise.
 
Just look at some of the powers ATO officers have under s263
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1936240/s263.html

Powers greater than that of the AFP for example:

Access to books etc.

(1) The Commissioner, or any officer authorized by the Commissioner in that behalf, shall at all times have full and free access to all buildings, places, books, documents and other papers for any of the purposes of this Act, and for that purpose may make extracts from or copies of any such books, documents or papers.

(2) An officer is not entitled to enter or remain on or in any building or place under this section if, on being requested by the occupier of the building or place for proof of authority, the officer does not produce an authority in writing signed by the Commissioner stating that the officer is authorised to exercise powers under this section.

(3) The occupier of a building or place entered or proposed to be entered by the Commissioner, or by an officer, under subsection (1) shall provide the Commissioner or the officer with all reasonable facilities and assistance for the effective exercise of powers under this section.

Penalty: 30 penalty units.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
 
I am reminded of a story told by an ATO investigator. He said they went into a building to copy and look at documents using the powers under s263. The person couldn't stop them entering, but he refused them permission to use his electricity. (The ATO brought their own photocopier).

The ATO guy said that is ok we will bring in our electric generator to power up the equipment. The person reluctantly relented.
 
Hi Terry,

Criminal law is peanuts compared to taxation law !

The ATO powers of coercion are amazing.

You have no right to silence.

Normal rules of evidence do not apply.

Third parties who may hold infomation can be called to give information under oath as to their knowledge of contents of documents currently unavailable, as well as being required to produce documents in their 'control'.

Many taxpayers do not understand that the ATO starts off softly softly but as soon as you appear to be obstructive a whole chain of events begin.

It is extremely difficult to stop any escalation if the taxpayer has inadvertently given the wrong indications or responses, possibly lulled into a false sense of security by the meek and polite initial invitations to clarify.

It would be good material for a separate thread. You kicked off this thread as a kindly reminder to trustees about their housekeeping, and now they are running for their lawyers !!!

Cheers,

Rob
 
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