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Providing investor certainty in tax deeds
Published on 01 Jun 18 by "THE TAX SPECIALIST" JOURNAL ARTICLE
The power of general administration is a broad one and empowers the Commissioner to engage in a wide range of activities. These powers include the ability to enter deeds of settlement in disputed taxation matters, as well as to enter agreements of compromise in undisputed taxation matters. Recently, the Commissioner and taxpayers have been using deeds to agree on the prospective application of tax laws to complicated commercial transactions. This practice sits outside of the existing rulings system and has been justified based on administrative necessity and efficiency. However, what happens in the event that the Commissioner seeks to depart from an agreement they have entered into with a taxpayer pursuant to a deed of settlement, an agreement to compromise or some other representation? To what extent (if at all) can these be enforced and what recourse does a taxpayer have in our legal system? This article seeks to address these less common situations and includes a consideration of the Commissioner’s general administrative duties in the case of FCT v Wade.
Author profiles
Michael Clough FTI
Michael Clough, FTI, is a Partner at King & Wood Mallesons and has over 40 years experience advising Australian and foreign-owned clients on tax issues
which arise in the capital and debt markets, corporate transactions and resources and infrastructure sectors. On behalf of his clients, Michael has helped resolve many disputes with the ATO and also conducted numerous tax appeals and other related proceedings in the state, Federal and High courts and tribunals.
- Current at
29 January 2026
Thomas Wu
Thomas is a Solicitor with King & Wood Mallesons.Current 1 June 2018
The Tax Institute is Australia's leading professional association and educator in tax providing the best resources, professional development and networks.