Accessibility of Records for Tax Department
– section 53 of the Taxation Administration Act 1997
Accessibility of Records for Tax Department is used where a person is required to keep certain records that can be easily produced for the Tax Commissioner, and the person fails to do so.
- You destroy your records of minor tax related matters from 3 years ago. The Tax Commissioner conducts an audit and you cannot produce the destroyed records.
- You have your records in a shed in boxes. You refuse to produce them when asked by the Tax Commissioner.
- You were not required to keep a record.
- You did keep a record, and the record can be easily produced for the Tax Commissioner.
Questions in cases like this
- How do they prove you had to keep a record?
- If you kept a record, how do they prove it could not be easily produced?
- If your record was lost or destroyed, did you take reasonable precautions to prevent losing the record, and was it impossible to get a substitute record?
Maximum penalty and court that deals with Accessibility of Records for Tax DepartmentThe maximum penalty for this offence is 200 penalty units ($31,092) in the case of a body corporate and 40 penalty units ($6,218.40) in any other case.
This is a sort of charge regularly heard in the Magistrates’ Court.
What is the legal definition of Accessibility of Records for Tax Department?When a person or corporation was required to keep a record but they did not keep the record in a way that was easily accessible to the Tax Commissioner.
“Were you obliged to keep the records?”