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The Australian Taxation Office (ATO) is the Australian Government’s principal revenue collection agency. Its role is to administer Australia’s tax system and significant aspects of Australia’s superannuation system. The ATO has a single outcome delivered through 18 programs. In addition, the ATO provides support to the Tax Practitioners Board, the Australian Business Register and the Australian Charities and Not-for-profits Commission.
Read an overview of the Australian Taxation Office including details of key activities, expenses and staffing levels. The audit focus section outlines the influences on the ANAO’s allocation of financial audit resources and the selection of performance audit topics and other activities. Also included is a list of material entities within the portfolio with their corresponding risk profile and key risks. Any risks that are considered key audit matters (KAMs) by the ANAO are separately identified.
This audit would examine the Australian Taxation Office’s compliance with model litigant obligations (MLOs), and the assistance provided to Commonwealth entities by the Attorney-General’s Department in maintaining compliance with the MLOs.
Pursuant to a Legal Services Direction issued by the Attorney-General under the Judiciary Act 1903, Commonwealth entities have an obligation to act honestly and fairly in handling claims and litigation. This includes responsibilities to reduce costs and delays in the handling of litigation, and requires that entities do not commence legal proceedings unless satisfied that litigation is the most suitable method of dispute resolution.
The Office of Legal Services Coordination within the Attorney-General’s Department is responsible for assisting Commonwealth entities in complying with the MLOs.
The Australian Taxation Office is one of the largest litigants in the civil justice system. It has litigation advantage over the vast majority of companies and individuals given its access to resources, expertise and experience as a repeat litigant.
This audit would examine the effectiveness of the Australian Taxation Office’s (ATO’s) arrangements to deter, detect and deal with aggressive tax planning.
Tax planning or tax-effective investing involves taxpayers operating within the taxation law to arrange their financial affairs to keep their tax to a minimum. However, some taxpayers plan their tax affairs outside of the taxation law. This behaviour is referred to as aggressive tax planning and the ATO aims to deter, detect and deal with these taxpayers. One element of the ATO’s activities to address aggressive tax planning is the Domestic Promoter Initiative, which targets Australia-based promoters of tax schemes.
This audit would examine the effectiveness of the Australian Charities and Not-for-profits Commission’s (ACNC’s) processes for the regulation of charities, including its compliance and enforcement activities.
The ACNC was established in December 2012 as the independent national regulator of charities. There were over 55,000 registered charities in Australia by the end of 2017, and in 2016 registered charities had a combined total revenue of $142.8 billion and total assets of $197.6 billion. Eligible charities can access tax concessions, including income tax exemptions and gain deductible gift recipient status via endorsement by the Australian Taxation Office.
In 2016–17, charities that were subject to ACNC compliance actions controlled nearly $5.1 billion of charitable assets. The number of charities that had their registration revoked by the ACNC following investigations rose by 30 per cent in the same year. The ACNC stated that it will focus on charity compliance in 2018 to help identify and stamp out misconduct in charities. Sound oversight arrangements and strong corporate governance and accountability is fundamental to effective regulation of this growing sector of the economy.
The objective of this audit is to assess whether the Australian Taxation Office (ATO) and the Department of Agriculture and Water Resources (DAWR) have effectively administered the Farm Management Deposits (FMD) Scheme.