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Requirement to keep proper records

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Written by
Paul McClure
Criminal Defence Lawyer

Contact Paul McClure 

03 9670 5111


Tax Offences - VIC
The Law - Requirement to keep proper records

What the Law states - Requirement to keep proper records


Taxation Administration Act 1997 - SECT 50

PART 8 RECORD KEEPING AND GENERAL OFFENCES

Requirement to keep proper records


50. Requirement to keep proper records

(1) A person must keep, or cause to be kept, all records that are necessary to enable the person's tax liability under a taxation law to be properly assessed.

Penalty: 500 penalty units in the case of a body corporate; 100 penalty units in any other case.

(2) This section does not affect a provision of any other taxation law concerning the keeping of records.

Maximum Penalty for the charge of Requirement to keep proper records



100 - 500 penalty units

What the Prosecution must prove - Requirement to keep proper records



That the body corporate or individual did not retain all of the documents essential to assessing tax liability

Possible Defences - Requirement to keep proper records


Factual dispute

Which court will hear the charge of Requirement to keep proper records



Federal Magistrates' Court
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