The Government today released two reports by the Inspector-General of Taxation.
Review into the Tax Office audit timeframes:
This review examined the length of time taken to complete Australian Taxation Office (ATO) compliance activities directed at businesses. This was to determine whether the ATO, through the time taken, strikes an appropriate balance between minimising the adverse impact on business and the risk to the Revenue.
The Inspector-General found that the ATO is actively seeking to minimise audit timeframes through changes to the management of its audit programme. The Inspector-General noted more time would be needed to fully implement recent measures announced by the ATO to address some taxpayer concerns.
The Inspector-General recommended that the ATO should:
- continue to quickly resolve those audits experiencing significant delays;
- implement governance processes to ensure speedy resolution of issues encountered during future audits. It was recommended this be done in a way that provides all parties with adequate opportunity to understand the merits of each other's views;
- ensure that appropriate technical input is applied to develop the correct focus of the audit before intensive information-gathering begins;
- implement appropriate governance processes to ensure that the general interest charge is remitted in cases of significant periods of delay attributable to the ATO;
- inform the taxpayer the expected timeframes of the audit at its outset. In particular, ATO auditors should comply with procedures to ensure taxpayers are notified of commencement and finalisation of audit activities. Auditors should ensure taxpayers are informed of the progress of audits, particularly where audits will involve periods of ATO-caused delay. Where the audit involves complex issues, the auditors should assure the taxpayer that the relevant technical specialist will take account of the taxpayer's full commercial circumstances in determining the ATO view.
The Commissioner of Taxation agreed with the recommendations of the report, noting that the report would assist the ATO in its commitment to improve internal governance processes and increase the effectiveness and transparency of its audit processes.
Review into the Tax Office's Administration of Penalties and Interest Arising from Active Compliance:
The review looked at the ATO's application of penalties and interest to businesses during active compliance activities. The Inspector-General recommended that the ATO:
- fully implement recommendations from the 2000 Australian National Audit Office review. The ANAO recommended that the ATO investigate the cost effectiveness of providing on-line decision support tools to staff to assist with consistent and efficient application of penalties, and study the relative effectiveness of penalties on taxpayer behaviour;
- develop a uniform set of processes, corporate management information systems and guidance to staff for cross-business line application;
- examine its administration of the tax shortfall interest regime from the same perspective as its internal review into the penalty regime; and
- consider, as part of its current internal review, a number of suggested improvements to the administration of the penalties and interest regimes.
The Commissioner of Taxation accepted the recommendations.
The ATO has already commenced an internal review covering a wider range of issues, including the application of penalties and interest. The Inspector-General has therefore indicated he will monitor developments but will defer more substantive consideration until after the ATO has implemented the recommendations of his current report and its internal review.
Both reports, which also contain the ATO response, are available at www.igt.gov.au.