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dc.contributor.authorAnderson, Colin
dc.contributor.authorDickfos, Jennifer
dc.contributor.authorBrown, Catherine
dc.date.accessioned2019-03-21T03:31:40Z
dc.date.available2019-03-21T03:31:40Z
dc.date.issued2016
dc.identifier.issn1039-3293
dc.identifier.urihttp://hdl.handle.net/10072/100115
dc.description.abstractThe prevention of fraudulent phoenix activity is an increasing issue for the Australian Government and the loss of taxation revenue that results from these arrangments can be significant. For this reason, the Australian Taxation Office (ATO) has played a major role in the development of anti-phoenix regulation and, in particular, the 2012 amendments to the director penalty regime seemed largely aimed at that issue. Typically however, the ATO will have two competing roles in the context of phoenix arrangements, being the primary collector of Australian taxation revenue and also a major creditor in the resulting corporate insolvency. Therefore, two key questions arise – how pervasive should the ATO’s collection powers be and to what extent should they be used to control fraudulent phoenix activity if the ATO is competing for funds against other creditors in the limited pool available. This article argues that there are several competing policy imperatives relevant to controlling fraudulent phoenix activity, and that legislative responses should consider the ATO’s role as both creditor in insolvency and collector of taxation revenue. Furthermore, the roles of the ATO and ASIC in relation to combatting phoenix activity need to be clarified. This article suggests that a framework based on decentred regulation might provide a better approach.
dc.description.peerreviewedYes
dc.languageEnglish
dc.language.isoeng
dc.publisherLawbook
dc.publisher.urihttp://sites.thomsonreuters.com.au/journals/category/insolvency-law-journal/
dc.relation.ispartofpagefrom127
dc.relation.ispartofpageto140
dc.relation.ispartofissue2
dc.relation.ispartofjournalInsolvency Law Journal
dc.relation.ispartofvolume24
dc.subject.fieldofresearchCommercial law
dc.subject.fieldofresearchcode4801
dc.titleThe Australian Taxation Office - What role does it play in anti-phoenix activity?
dc.typeJournal article
dc.type.descriptionC1 - Articles
dc.type.codeC - Journal Articles
dc.description.versionVersion of Record (VoR)
gro.rights.copyrightThis publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited.
gro.hasfulltextFull Text
gro.griffith.authorDickfos, Jennifer


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