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Law Council of Australia

Business Law Section

Draft Practical Compliance Guideline PCG 2018/9DCI

The submission to the Australian Taxation Office in relation to Draft Practical Compliance Guideline PCG 2018/9DCI, was prepared by the Taxation Law Committee of the Business Law Section of the Law Council of Australia (the Committee).

The key matters the Committee wishes to raise are as follows:

  1. We consider that the addition of a Risk Assessment Framework as an Appendix to Practical Compliance Guideline PCG 2018/9 will assist foreign incorporated companies in determining the likelihood that the Commissioner of Taxation (the Commissioner) will take compliance action in respect of an assertion that the company is not managed and controlled in Australia.
  2. That said, it is of fundamental importance that the company’s self-assessment of its Australian tax position is based on the application of the income tax law, not PCG 2018/9 (once finalised). For that reason, we have proposed an amendment to paragraph 109 of PCG 2018/9DCI to ensure that there is no confusion between a company’s self-assessment of its taxable income and its determination of the risk that the Commissioner will take action to verify the position taken by the company.


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