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Identifying tax aggressive behaviour testing the proxies Richard Krever, Kerrie Saquid and Bronwyn McCredie

By: Krever, Richard E.
Contributor(s): Sadiq, Kerrie | MacCredie, Bronwyn.
Material type: ArticleArticleSubject(s): SOCIEDADES | IMPUESTOS | PLANIFICACION FISCAL | ELUSION FISCAL | EVALUACION | AUSTRALIA In: Australian Tax Forum: a journal of Taxation Policy, Law and Reform v. 37(1), 2022, p. 27-63Summary: The increasing popularity of digital or cryptoassets raises issues, not only for the declaration of income earning activities, but also the consequential tax obligations. We explicitly consider the positioning of cryptocurrencies as a means of settling tax debts and the associated regulatory barriers impeding the implementation of such by the Australian Taxation Office (ATO). While the ATO offers taxpayers ‘flexibility’ in the settlement of their tax obligations, the current regulatory framework does not provide the legal basis to support paying via bitcoin. We examine the tax administration regulations and related judicial guidance to explore the issues surrounding cryptocurrencies and tax debts. Furthermore, we outline the associated practical and political issues.
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Resumen.

The increasing popularity of digital or cryptoassets raises issues, not only for the declaration of income earning activities, but also the consequential tax obligations. We explicitly consider the positioning of cryptocurrencies as a means of settling tax debts and the associated regulatory barriers impeding the implementation of such by the Australian Taxation Office (ATO). While the ATO offers taxpayers ‘flexibility’ in the settlement of their tax obligations, the current regulatory framework does not provide the legal basis to support paying via bitcoin. We examine the tax administration regulations and related judicial guidance to explore the issues surrounding cryptocurrencies and tax debts. Furthermore, we outline the associated practical and political issues.

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