Australia's Taxation Of Foreign Trusts - Collection Of Information

Article by Lee Burns and Ruth Davis

The scope of the power of the Australian tax office to serve an information notice has been decided in a recent case: the details are discussed.

In FH Faulding & Co Ltd v FC of T the Federal Court held that some notices requiring a taxpayer to submit information were beyond the power of the tax authorities. The article examines the tax rules applied to foreign trusts and the procedure by which the tax authorities can request information from offshore entities. The article also shows that the case emphasises the important role of judicial review in policing applications for information under the law.

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