AANZ and CPA have made joint submissions to the Inspector General of Taxation and Taxation Ombudsman (IGOT) regarding her investigation into ATO systems and processes for dealing with deceased estates and the Australian Taxation Office’s (ATO) CPR 2019/D1 regarding the disclosure of protected information by taxation officers in relation to deceased estates.
The joint submission to the IGOT outlines the difficulties that tax agents have experienced in attempting to assist deceased estates since changes were made in 2018 to the ATO’s online services for agents and the importance of being able to accurately and efficiently assist deceased estates with tax matters. It acknowledges that the ATO is currently consulting on a solution for deceased estates with a legal personal representative that involves the use of the Commissioner’s discretionary powers. However, not all deceased estates have legal personal representatives and the submission calls for further consideration of how the tax matters of such estates can be resolved.
The joint submission to the ATO regarding CPR 2019/D1 – the disclosure of protected information by taxation offices - endorses the application of remedial powers to enable disclosure of protected information to tax agents and legal practitioners in relation to deceased estates.