How To Ensure Your Tax Bill Is Paid

Transcription

1 ATO compliance program for 2014/15 Sydney CBD - 19 June 2014

2 CCH Corporate Tax Managers Network ATO Indirect Tax compliance program for 2014/15 Improving the integrity of business systems through assurance tools June 2014

3 Overview GST a macro view of compliance and revenue Risk differentiation and the large market Strategic shifts in our compliance approach Compliance priorities Self assurance of business systems The use of assurance software Participating in self assurance Self Assurance - June

4 Consumer Hospitals Roads Public transport Housing Police GST revenue Retailer/ Service Provider Charges 10% GST Provides government and community services Wholesaler Charges 10% GST GST collected LESS GST paid Total GST collected Distributes GST to States and Territories Manufacturer / Importer Charges 10% GST GST on imported goods Australian Government Self Assurance - June

5 2010/11 GST Revenue by Voluntary and Direct Compliance As of August 2013 it is estimated 95% of 2010/11 accrual revenue has been accounted for. This can be split between indirect and direct compliance: - 90% revenue lodged correctly without direct compliance interventions (includes revenue protect and flow on benefits from previous years) - 5% Compliance through ATO interventions - 5% Accrual Tax gap We would expect the trend in the GST gap to be maintained over time. Self Assurance - June

6 GST Tax Gap 2001/02 to 2010/11 * Combined due to the relationship between national accounts and GST during the GFC. GST Gap excluding Debt Year 2001/ / / / / / / * 2010/11 Tax Gap $M 2,510 2,588 2,243 2,596 2,035 2,295 2,975 2,335 2,517 Tax Gap as a Percentage of Revenue 8.9% 8.3% 6.6% 7.3% 5.4% 5.7% 7.0% 5.4% 5.4% GST Gap with Debt Year 2001/ / / / / / / * 2010/11 Tax Gap $M 2,712 2,852 2,533 2,942 2,400 2,674 3,442 3,018 3,017 Tax Gap as a Percentage of Revenue 9.6% 9.2% 7.5% 8.3% 6.4% 6.7% 8.1% 6.9% 6.5% Self Assurance - June

7 VAT Gap Self Assurance - June

8 Large market revenue The large market covers taxpayers, including grouped taxpayers, with a turnover greater than $250 million. There are 1266 large taxpayers. Large market taxpayers paid approximately $21.5 billion in GST revenue in This represented approximately 46% of all ATO collected GST. We raised approximately $320 million from compliance activities in the large market in Level 4 medium enterprise market covers taxpayers between $100 million and $250 million in turnover. There are approximately 14,500 level 4 taxpayers. This upper end of the medium market paid approximately $4.5 billion in GST revenue in This represented approximately 10% of all ATO collected GST. Self Assurance - June

9 CONSEQUENCE OF NON COMPLIANCE Indirect Tax Large Market Compliance RDF commitments summary (key strategies, structure, client base) (as at Mar 2014) Supporting Compliance Maintaining Compliance Shifting Compliance Service focus KEY TAXPAYERS Continuous monitoring - all products available Key strategic and support RDF letter (work in progress, risk identified, concerns) Annual Compliance Arrangements (SES lead) Profiling (for both case and moderation purposes) Case Refinement (internal review) RRE override qualification RRE post issue reviews Assurance products (correspondence, phone, field) Risk and Governance Workshops Risk Reviews Key Taxpayer Review Audits Other leverage Relationship Manager maintenance (contact either way) Senior Relationship Manager contact (e.g. RDF meeting, Workshop) Communications with industry bodies or other groups Media and industry publications Seminars and Web site information Private Binding Rulings Advisory Mail campaigns LOWER RISK TAXPAYERS Periodic monitoring - includes use of assurance products Key strategic and support RDF letter (lower assurance risk identified) Case Refinement (internal review includes profiling) RRE override qualification RRE post issue reviews Assurance products (correspondence, phone, field) Risk and Governance Workshops Risk Reviews (escalations from assurance/workshops) Other leverage Communications with industry bodies or other groups Media and industry publications Seminars and Web site information Private Binding Rulings Relationship Manager maintenance (contact initiated by client) Advisory Mail campaigns No Concerns Monitoring of returns and activities Quadrant 2 Assurance focus Economic Groups 10% of population Quadrant 4 Economic Groups 55% of population Higher mutual certainty Some Concerns Leveraged self-assessment approaches HIGHER RISK TAXPAYERS Continuous review - all products available Key strategic and support Strategic Plan - SES lead for tailored compliance approach Case refinement (internal review) Reviews Audits Profiling (regular and detailed) CRM maintenance activities (proactive eg pre lodgment check) Override qualification RRE post issue reviews RELATIVE LIKELIHOOD OF NON COMPLIANCE Enforcement focus high active compliance Quadrant 1 Economic Groups <5% of population MEDIUM RISK Quadrant 4 TAXPAYERS Periodic review - includes use of both assurance and enforcement products Key strategic and support RDF letter (work in progress or risk identified ) Case Refinement (internal review - includes profiling) RRE override qualification RRE post issue reviews Assurance products (correspondence, phone, field) Risk and Governance Workshops Risk Reviews Audits Other leverage Communications with industry bodies or other groups Media and industry publications Seminars and Web site information Private Binding Rulings Relationship Manager maintenance (contact initiated by client) Advisory Mail campaigns Economic Groups 10% of population Significant Concerns Leveraged active compliance TAXPAYER FOCUS Clients not rated, insolvent or Out of Scope Economic Groups 20% of population LEVERAGE FOCUS

10 Risk Differentiation RDF has allowed the ATO to match the intensity of our compliance approach to the perceived level of risk. Interaction is underpinned by three key elements service, assurance and enforcement. Service is aimed at providing certainty and clarity for taxpayers that are considered compliant. Assurance is based on specific engagements to confirm taxpayers are meeting their compliance obligations in a non-audit environment e.g. governance workshops. Enforcement activities such as reviews and comprehensive audits are only undertaken when intense interaction is required. Self Assurance - June

11 The shift in our approach As an organisation, the ATO is conscious of moving away from risk aversion to risk management. The balance between our service approach and compliance intervention is too heavily weighted towards compliance intervention. We need to better understand business and what is a fair and reasonable effort at willing participation in the tax system. There will be a significant focus on capturing data from natural business systems to support service innovation and compliance intervention. We will be moving to a digital by default engagement with business. Self Assurance - June

12 Compliance priorities Real property disengaged property developers - Treatment strategies to focus on two key behavioural problems of non lodgement after significant ITC claims and phoenixing of companies. GST real property: Incorrect reporting - Early engagement strategy to enhance the coverage and voluntary compliance of property developers. There is a need to better understand issues with foreign investment in the property industry with a focus on service type interactions. International /cross border engagement with WP9 and the Global Forum on VAT as well as our contribution to the OECD B2B and B2C policy developments and guidelines e.g. offshore supply of services. Self Assurance - June

13 Compliance priorities Financial supplies ongoing risks from mergers and acquisitions and apportionment of expenses. Fuel tax credit The testing of eligibility and use of correct rates in making claims. Integrity of business systems - The integrity of business systems is the most significant risk in the large market. That is because the multiplier effect of incorrect transactions can lead to significant revenue risks where there are governance, control or performance issues with business systems. Self Assurance - June

14 Assurance and the relationship shift The ATO wants to change the compliance relationship with taxpayers by recognising willing participation in the tax system. Rather than seeking assurance about the integrity of business systems we will be moving to develop relationships with taxpayers where we trust them to provide assurance that they have made an adequate investment in their business systems and processes to correctly report their BAS obligations and entitlements. Self Assurance - June

15 Self assurance We want to encourage taxpayers into a self assurance relationship through appropriate investment in commercially available assurance software. Self assurance requires ongoing commitment by business to: use assurance tools to validate their transactional systems review the output of risk tests rectify procedural weaknesses, and address any issues that may affect the correct reporting of their GST and FTC obligations and entitlements. Self Assurance - June

16 Self assurance model Recognition of taxpayers who use assurance software to: Integrate the financial data of the business Integrate the management data Identify errors, anomalies and issues in the data Address any issues prior to preparation of the BAS. To implement the model we will work with tax practitioners and software developers to develop requirements for assurance software including: The frequency of use Level of automation The treatment of data from separate accounting, POS, manufacturing, or other business systems The management of GST classifications, e.g. GST input taxed. Self Assurance - June

17 Incentive to use self assurance By using self assurance software and processes, clients will be: Placed in a low risk classification Will not be subject of IBS compliance activity for an agreed period The ATO may enquire about particular issues that may emerge in relation to the business and reserves the right to question matters of fact or the interpretation of law. Added benefits for Boards and management teams include: More rigorous financial controls The significance of transactional errors on GST throughputs Greater confidence all income sources are recorded Prevent duplication of purchases and payments Possible detections of internal fraud or other irregularities. Self Assurance - June

18 How to be included in the self-assurance model (probable requirements) The software the client is using has been implemented and mapped to source systems in a manner that meets ATO requirements All aspects of the business are reported via the assurance software The software will be used to review the integrity of data in the preparation of each BAS The software is kept up to date and any changes to either the software or the business are incorporated The business will notify the ATO of any significant change in circumstances Make voluntary disclosures as soon as errors are identified The CFO to provide an undertaking that the above requirements are being met Self Assurance - June

19 Future areas of focus The ATO s business rules and e-audit tests will be shared with software developers and built into the self assurance models. We will be developing the ATO s e-audit capability so our auditors can use assurance software to interrogate the transactional accounts of taxpayers. We will be identifying opportunities for the use of ECAP in situations where it is appropriate to get an independent clarification of facts and issues. The development of analytical models to predict business behaviours and to objectively identify outlier incidents that warrant compliance enquiries. The ATO will continue to use compliance effectiveness and tax gap analysis to support the investment in compliance activities. Self Assurance - June

20 Thank you COMMONWEALTH OF AUSTRALIA 2014 This presentation was current June 2014 Self Assurance June

21 Thank you for attending Any questions