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Promoter penalties podcast

Published on 18 Oct 21 by NATIONAL DIVISION, THE TAX INSTITUTE

This podcast covers:

  • Recent cases, including FCT v Bogiatto, FCT v Rowntree
  • The Courts’ approach to penalties – the factors and assessment
  • Is imprisonment a likely consequence for a convicted promoter?
  • The Commissioners revised approach, including PSLA 2021/1.

Author profile

Arthur Athanasiou CTA-Life
Photo of author, Arthur ATHANASIOU Arthur Athanasiou, CTA (Life), is an Accredited Tax Law Specialist and Principal of AGA Legal Pty Ltd. He is a highly competent and well-respected tax lawyer with 30 years’ experience. While he provides clients with tax and structuring advice, his main area of focus is in resolving tax disputes with the ATO and SRO and settling tax audits. Arthur also practises in matters involving tax agents and inquiries by the Tax Practitioners Board including appealing adverse TPB decisions. His practice also extends to white-collar crime, and other taxation offences. He also has a Deceased Estates practice. Arthur has qualified as a Chartered Accountant and is a former President of The Tax Institute. He has been appointed as an Adjunct Professor at La Trobe University Law School and chaired the Law Institute’s Tax Law Advisory Committee for a decade. Arthur has been recognized by Doyle's Guide who has recognized him as a "Leading Lawyer, Tax Law, Victoria" multiple times (2016, 2018-2024) and a "Recommended Lawyer, Tax Law, Victoria" (2015, 2017). Best Lawyers Peer Review recognised him as "Best Lawyer Trusts and Estates" (2022-2026) and for his work in Tax Law (since 2023). He is a widely published writer on taxation issues and regularly appears in mainstream media and presents at tax conferences and seminars. - Current at 03 June 2025
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This was presented at The Tax Summit .

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Individual sessions


















Reconstruction or recharacterisation under transfer pricing – arguments for and against

Author(s):  David BOND,  Fiona DILLON,  Dioni Perera

Materials from this session:






Legal Professional Privilege – The Accountant’s concession – recent cases and ATO activity

Author(s):  Mia Clarebrough,  Louisa Andolfatto

Materials from this session:


















Building trust with the ATO

Author(s):  Renae Ali,  Justin BYRNE,  Annemarie Wilmore

Materials from this session:














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