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An update on legal professional privilege presentation

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Non Member Price: $15.00

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Published on 19 May 22

With a number of recent Federal Court decisions and the release of draft protocols by the Australian Taxation Office, the past 12 months have seen significant developments in the area of legal professional privilege (LPP) impacting upon the rights of taxpayers to claim LPP over tax advice and communications with their advisers. Taxpayers are at risk of having to disclose confidential advice and communications that they may have thought to be protected by LPP or concede claims due to the costs involved in defending those claims.

This presentation examines:

  • The back story and history of LPP in tax
  • The recent Federal Court decisions and implications going forward
  • The ATO LPP protocols and interplay with the recent decisions
  • Practical steps that can be followed to preserve LPP and avoid costly disputes with the ATO

Author profiles

Catherine Dean CTA
Catherine Dean, CTA is a Partner in the Tax division with BDO in Sydney where she provides M&A transactional, advisory and tax compliance services to clients as well as assisting in the strategic management of tax disputes with the Australian Taxation Office. Catherine has 20 years of experience advising on corporate tax matters with global consulting firms. - Current at 12 July 2023
Jeremy Geale CTA
Jeremy Geale, CTA is a Partner at MinterEllison. Jeremy Geale joined MinterEllison recently, having previously been a Deputy Commissioner with the ATO responsible for the ATO's Review and Dispute Resolution area, covering all objections and litigation. He was also formerly the Deputy Chief Tax Counsel responsible for superannuation. Jeremy has more than 20 years tax and superannuation experience, most of which has been spent assisting taxpayers and the ATO to resolve complex tax disputes from audit through to litigation. He regularly acts for a number of funds, assisting them with engagement with the ATO, management of tax risk and governance, audit assistance and dispute resolution. - Current at 04 July 2023
Click here to expand/collapse more articles by Jeremy GEALE.

 

This was presented at NSW Tax Forum .

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