Tax & Superannuation: Capital Gains - Guides
Capital Gains
11. Audits
Last updated: 04 Jul 2015
- The Tax Commissioner and any authorised ATO officer have the right to demand that a taxpayer:
- provide information;
- attend and give evidence before the commissioner or an authorized officer;
- produce all documents in their custody relating to the tax matter; and
- give information or evidence either:
- verbally;
- under oath; or
- in writing.
- If the ATO makes a demand for documents it is always advisable to consult your legal adviser before releasing any information.
- The commissioner’s powers are limited by legal professional privilege which is often asserted by lawyers when a request for documents is made by the ATO.
- Certain documents will also not be claimable by the ATO if they are in the possession of the taxpayer’s accountant. However the protection here is not as extensive as under legal professional privilege.
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