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Reconsidering the Commissioner’s remedial power

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Published on 01 Feb 20 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

In February 2017, the Commissioner’s remedial power (CRP) was introduced into Div 370 of Sch 1 to the Taxation Administration Act 1953 (Cth). The CRP was intended to provide a mechanism to resolve the growing number of unintended outcomes and deficiencies within Australia’s tax system (without having to inundate the limited parliamentary and Treasury resources). The explanatory memorandum to the Bill that became the Tax and Superannuation Laws Amendment (2016 Measures No. 2) Act 2017 (Cth) estimated that the CRP may be used up to 10 times per annum. However, to date, the CRP has only been successfully exercised twice — highlighting a discrepancy between its policy intent and operation. This article examines the effectiveness of the CRP and suggests that it needs to be reconsidered to ensure that it can operate as intended and alleviate the significant legislative uncertainty borne by taxpayers.

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Nathan De Zilva
Nathan is a member of PwC's Corporate Tax Group.
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