AAT Upholds ATO Decision on Shortfall Penalties for False Tax Returns
Reckless Conduct Leads to Penalties for Incorrect Deductions Claimed on Amended Returns
The Administrative Appeals Tribunal (‘AAT’) recently affirmed the ATO’s decision to impose shortfall penalties on a taxpayer who had lodged false amended income tax returns.
The taxpayer had lodged income tax returns for the 2020 and 2021 income years through her tax agent. The taxpayer subsequently lodged amended returns to claim deductions regarding a non-existent family trust for those years.
She did not consult her tax agent before doing so.
Following an audit, the ATO advised the taxpayer that she had no entitlement to the deductions claimed, and it imposed shortfall and administrative penalties.
The AAT concluded that the conduct of the taxpayer was reckless, and in lodging her amended tax returns without the knowledge of her tax agent, the taxpayer had not taken reasonable care. The AAT accordingly affirmed the ATO’s decision to impose shortfall and administrative penalties on the taxpayer.