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The promoter penalty regime – How the ATO is applying it in practice paper

Published on 17 May 12 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • background to promoter penalties
  • not just mass marketed schemes
  • managing uncertainty - Reasonably arguable position?
  • the ‘advice exclusion’ and its limitations
  • how the ATO manages risk of potential contravention of the promoter penalty laws
  • ATO’s approach to information collection on promoter penalty related cases.

Author profile

Bruce Collins CTA
Bruce Collins is the founder and principal solicitor at Tax Controversy Partners Pty Limited, currently helping clients to resolve all types of tax issues with the ATO and SROs, and for tax agents dealing with the TPB. Before moving into private practice in 2017, Bruce worked for over 35 years in the Tax Office, a third of this time as a Senior Executive in what is now Compliance & Engagement Group, covering most ATO functions. Bruce led, coached and mentored many of the ATO’s senior technical and compliance leaders in his roles as a Senior Executive, in managing ethical requirements and helping other leaders and staff to develop their abilities to do so. Bruce was also involved in the project standing up the TPB, and in training its first tranche of civil investigators. Bruce has an Accounting Certificate (1989), a First-Class Honours Degree in Law (1995), a Graduate Diploma in Legal Practice (1996), a Masters of Taxation (2003) and a Masters of International Taxation (2006). Bruce is a Chartered Tax Advisor, a member of the Law Society of NSW and their Revenue Law Committee, is a member of the Australian Institute of Company Directors and is a member of the Law Council of Australia, its Tax Committee and is current Chair of their SME Committee. - Current at 04 March 2026
Click here to expand/collapse more articles by Bruce COLLINS.

 

This was presented at NSW 5th Annual Tax Forum .

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