Abstract
In this chapter the author reviews the renewed emphasis on tax adviser ethics that is evident in the early 21st Century. The chapter identifies some of the reasons for this emphasis and some of the administrative responses to the involvement of advisers in less acceptable forms of tax planning. The chapter notes signs of a divergence (without concluding that there has been complete separation) of ethics between tax advisers in the legal profession and others. In the course of doing so the chapter identifies the key responsibilities borne by tax advisers to their clients and to society.
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Notes
- 1.
For a commentary on the tax advising profession in the United States of America see Rose (2011).
- 2.
See Furness (2012) “…treasury minister MP David Gauke told the BBC’s World at One he agreed such tax avoidance schemes were ‘morally repugnant’”.
- 3.
Issue 1275 12 November 2010, http://www.private-eye.co.uk/sections.php?section_link=in_the_back&issue=1275.
- 4.
See Facebook “Boycott Vodafone until they repay their 6bn tax bill” 29 October 2010, https://www.facebook.com/Boycott-Vodafone-until-they-repay-their-6bn-tax-bill-153153704726686/.
- 5.
“UK Uncut targets Topshop and Vodafone over tax arrangements: Movement invades stores in push for government to tax the rich and big companies more instead of making budget cuts”, The Guardian 4 December 2010, https://www.theguardian.com/politics/2010/dec/04/uk-uncut-protest-topshop-vodafone; Ben Leach and Alastair Jamieson, “Marks and Spencer targeted as tax protests widen” The Telegraph, 19 December 2019, https://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/8212040/Marks-and-Spencer-targeted-as-tax-protests-widen.html.
- 6.
See Tom Bergin, Reuters, 1 February 2013, https://uk.reuters.com/article/uk-britian-tax-accountants/mps-press-accountants-on-tax-avoidance-idUKBRE90U0SG20130131.
- 7.
- 8.
- 9.
- 10.
The reference is to “Product rulings” which are public indications (binding on the ATO) of how the tax law applicable to a particular tax preferred investment will be applied. The example typical of the period in question is that of agricultural schemes designed to promote investment in particular types of crop such as olive tree plantations; forestry plantations etc.
- 11.
Clause 3.50 Explanatory Memorandum Tax Laws Amendment (2006 Measures No. 1) Bill 2006.
- 12.
POTAS is found in Part 5 of the Finance Act 2014.
- 13.
Leary v FCT (High Court) 80 ATC 4452–4453.
- 14.
Walker v Hungerfords (1987) 19 ATR 745.
- 15.
Bell v Vahexi Pty Ltd 99 ATC 4055.
- 16.
Symond v Gadens Lawyers Sydney Pty Ltd [2013] NSWSC 955.
- 17.
The bodies are the Association of Accounting Technicians (AAT); Association of Chartered Certified Accountants (ACCA); Association of Taxation Technicians (ATT); Chartered Institute of Taxation (CIOT); Institute of Chartered Accountants in England and Wales (ICAEW); Institute of Chartered Accountants of Scotland (ICAS); and the Society of Trust and Estate Practitioners (STEP).
- 18.
Section 30-10 (11) & (12) Tax Agents Services Act 2009.
- 19.
Section 30-10 (1) Tax Agents Services Act 2009.
- 20.
Section 30-10 (4) Tax Agents Services Act 2009.
- 21.
Section 30-10 (10) Tax Agents Services Act 2009.
- 22.
Chartered Accountants Australia and New Zealand, CPA Australia and the Institute of Public Accountants.
- 23.
Para 5.1 APES 220.
- 24.
Para 5.2 APES 220.
- 25.
Para 5.4 APES 220.
- 26.
Para 5.5 APES 220.
- 27.
More vague because there is no definition of public interest in the Standard.
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Walpole, M. (2020). Ethical Standards for Tax Advisers. In: van Brederode, R. (eds) Ethics and Taxation. Springer, Singapore. https://doi.org/10.1007/978-981-15-0089-3_10
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