ATO's one chance rule positive for small business

IPA chief executive Andrew Conway said the proposal is clear sign that the ATO recognises that in the past, it may have been too heavy handed on taxpayers trying to do the right thing, by not taking into account individual circumstances.

“In real life, mistakes can be made and people should be entitled to learn from their mistakes especially if the individual circumstances are clear that the mistakes were inadvertently made,” said Mr Conway.

“The ATO has the luxury of time and expertise so the balance of power is heavily weighted in their favour.”

Mr Conway said is someone has failed to take reasonable care or failed to lodge an activity statement or an income tax return on time, this proposed rules gives a first-time offender a break.

“This is a good sign for small business that is time-poor and drowning in regulatory responsibilities,” he said.

“The reality is that the ATO remits a substantial number of penalties down the track after they are disputed which normally involves a great deal of time, effort and stress.”

Not levying the penalty in the first instance he said will result in a reduction in the administrative burden facing individuals and small business.

“The ATO is to be commended for this approach and it is a positive sign that the working culture of the ATO is improving,” said Mr Conway.