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Legislating the accountants’ concession: considering the UK and the US experience


The Australian position in relation to the current administrative concession that is known as the accountants' concession (relating to tax advice from accountants) is out of step with many other jurisdictions.

In the July 2011 issue of Taxation in Australia, Joanne Dunne examined the Australian and New Zealand positions, and considered the proposals in a discussion paper issued in April 2011. In this article, the authors consider the position in relation to the protection of tax advice provided by accounting professionals in the United Kingdom and the United States. The relevant legislation, case law and commentary regarding the positions in both of these jurisdictions suggest that there are a number of areas which would require particular consideration in the development of reform in Australia if the UK or the US rules are contemplated as a base for Australian reform.

Author profiles

Joanne Dunne CTA
Photo of author, Joanne DUNNE Joanne is a lawyer from Melbourne. She was formerly a tax partner at law firms in both Australia and New Zealand. She has more than 25 years’ tax experience in general income tax, GST, international tax, and tax controversy. Joanne is a member of a wide range of professional organisations, including The Tax Institute’s Tax Disputes Committee, and until 2020 she represented The Tax Institute on the ATO’s Dispute Resolution Working Group. - Current at 11 November 2021
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Elissa Romanin
Elissa is a Partner at MinterEllison, who specialises in providing tax structuring, tax due diligence, contract drafting and general income tax advice. Many of the matters Elissa works on involves corporate income tax issues related to mergers and acquisitions, divestments and capital organisations. In addition to large corporates, Elissa’s clients include high net wealth individuals and privately owned groups in Australia and abroad. Elissa works with these clients to help structure their wealth ownership in a way that tax-effectively achieves their succession planning and asset protection objectives. - Current at 30 January 2018
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