Thursday, October 31, 2019

Andrew Mills: Mover and Shaker Who Shed Light where There was Darkness Retires

Andrew Mills, Second Commissioner, Law Design and Practice, gave this keynote address at the Tax Institute's 2019 Tasmania State Convention in Launceston



Tax Office second commissioner Andrew Mills will leave the job at the end of the year, a year before his term ends. A spokesman confirmed on Friday that Mr Mills "has decided to retire from the Office of Second Commissioner of Taxation effective 31 December 2019".


ATO second commissioner Andrew Mills says ‘sunlight is a great disinfectant’, as he advocates disclosure. 
 
Speaking at the Tax Institute’s 2019 Tasmanian State Convention, Mr Mills said the Tax Office regularly sees three key attributes in successful small businesses, with tax professionals the standout factor.
“While the ATO does a lot of work to mitigate the complexity of small business tax, we tend to find the single best predictor of success for a small business is whether or not they have a professional adviser,” Mr Mills said.
“We see tax professionals as being vital to the health of the system and the small business market.
“So, what we need from you is to continue to work closely with your clients, and proactively engage with them on a regular basis. You are gatekeepers of the system, and by exercising due diligence, asking the right questions and examining their assumptions, you can position your clients for success.”
Businesses that managed to get a good grip over their cash flow management, as well as be digitally ready, were more likely to be successful than those that weren’t, added Mr Mills....

Second Commissioner – Law Design and Practice
Andrew Mills
Andrew Mills, Second Commissioner – Law Design and Practice
Andrew Mills was appointed Second Commissioner in December 2013.
Andrew has overall responsibility for the ATO’s Law Design and Practice Group, including law interpretation, prevention and resolution of disputes, and the ATO’s role in policy and law design.
Andrew has more than 35 years of experience in taxation, including periods in the ATO, commerce and the tax profession.
Andrew was a director of the specialist national tax firm Greenwoods & Freehills for more than 20 years and managing director of the firm from 2006–2011.
Andrew was President of the Tax Institute in 2006–2007 and is a former Governor of the Taxation Research Foundation. He was closely involved in the Business Tax Reform process and was a representative on a number of ATO groups including the National Tax Liaison Group.
Andrew lectured in taxation in the Masters of Law course at the University of Sydney and has been a regular speaker at seminars on domestic and international tax issues. He has published papers and articles in various national and international tax journals.
Andrew holds a Bachelor of Business, a Master of Laws and a Graduate Diploma in Tax Law. He is a Chartered Taxation Adviser (Life) of the Tax Institute, a member of the International Fiscal Association and a graduate of the Australian Institute of Company Directors.
Andrew’s term as Second Commissioner runs until December 2020.


Tax in a changing world – change is the new black

Tax Administration Continuum - 'The Law was Made for Man, not Man for the Law'


ATO Assistant Commissioner Justin Untersteiner said labour hire businesses are a focus of the ...

Its opening doors program aims to improve workforce diversity by encouraging people from diverse backgrounds, including established professionals who want to work part-time.
“We are getting some really clever, talented people into the organisation,” says ATO assistant commissioner, individual taxpayer obligations, Justin Untersteiner.
How to make flexible work successful

Justin Untersteiner. Assistant Commissioner, Integrated Compliance at Australian Taxation Office at Australian Taxation Office. Assistant Commissioner, Integrated Compliance at Australian Taxation Office at Australian Taxation Office.

The Australian Financial Complaints Authority (AFCA) is pleased to announce the appointment of Justin Untersteiner - Justin brings great experience in leading change and new approaches in a large complex national organisation

ATO in 1999: 📢 ‘We're preparing for the newest innovation for : the birth of the Australian business number!’ If it feels like it’s been that long since you checked on your , visit & make sure your details are up to date!


ATO's Chris Jordan: The man with a tax plan

Tax Commissioner Chris Jordan has set out how he hopes the plan will play out over his remaining years in the job. Photo: Jarrod Barnes.
Tax Commissioner Chris Jordan has set out how he hopes the plan will play out over his remaining years in the job. Photo: Jarrod Barnes.
Under the stewardship of Commissioner of Taxation Chris Jordan AO, the Australian Taxation Office (ATO) is combining moral appeals with hard numbers in a bid to ensure more people pay the tax they owe.

At a glance

  • Early in his tenure, Australian tax commissioner Chris Jordan targeted large corporate tax payers. He has recently turned his focus to individuals and SMEs.
  • ATO estimates reveal a gap of 12.5 per cent or A$11.1 billion in SME tax in 2015-2016. This is the highest dollar figure and the highest percentage figure of any Australian tax gap number.
  • Jordan says building trust in the ATO is one of the fundamental tenets of his work.

Starbucks And Transfer Pricing: Mystery of the intimacy


The really important things in any biography are what someone thinks and feels and not what he has done.
         ~ Glenn Gould

ATO receives record-breaking 15,000 tip-offs to Tax Integrity Centre amid black economy blitz


Starbucks LogoThe crux of the legal issue is the EU Commission’s contention, required as the third condition for a finding of State aid, that the Netherlands-Starbucks APA conferred a selective advantage on Starbucks' Netherlands manufacturing subsidiary (SMBV, aka the “roasting operation”) that resulted in a lowering of SMBV’s tax liability in the Netherlands as compared with what SMBV would have paid under the Netherlands’ general corporate income tax system dealing with third parties. And the crux of the dispute that determines the legal issue outcome is whose choice of transfer pricing method (the Commission or The Netherlands/Starbucks) is the most reliable. However the most interesting aspect of the controversy is how to allocate the residual between SMBV and Starbucks intermediary IP management limited partnership? In a broader framework, not part of the analysis contemplated by the applicable 1995 OECD Transfer Pricing Guidelines, is how to allocate the residual among Starbucks’ global value chain. This paper, currently a working draft, will eventually address the last two issues.

The New Yorker, The French Economist Who Helped Invent Elizabeth Warren’s Wealth Tax:
Gabriel Zucman and his colleagues are advocating a progressive wealth tax as a solution to global inequality, one that rethinks both evasion and the goals of taxation. ...
The Triump of InjusticeTo trace the progress of the wealth tax from a fringe academic idea to the center of the Democratic Presidential primary, it is helpful to begin a bit off-center. On September 15, 2008, the day that Lehman Brothers filed for bankruptcy, a twenty-one-year-old student of Thomas Piketty, Gabriel Zucman, started work as a trainee economic analyst in the offices of a Paris brokerage house called Exane. Zucman felt obviously underequipped for the task before him: to write memos to the brokerage house’s clients and traders helping to explain why the very durable and minutely engineered global financial system appeared to be on the verge of collapse. Poring over some of the data he was given, which concerned the international flows of investments, Zucman noticed some strange patterns. The amount of money that had been moving through a handful of very small economies (Luxembourg, the Cayman Islands, the tiny Channel Islands of Jersey and Guernsey) was staggering. “Hundreds of billions of dollars,” Zucman recalled recently, making the “B” in “billions” especially emphatic. Eventually, he would calculate that half of all foreign direct investment—half of the risk-seeking bets, placed from overseas in India, China, Brazil, and Silicon Valley, and of the safety-seeking investments, placed in the United States and Europe and stock indexes—was moving through offshore hubs like these.



JACK WATERFORD. Thin pickings from big bikkies

Britain’s ‘war’ on organised crime is failing, and it’s probably the same here
Some fresh and depressing evidence for those who, like me, fear that federal law enforcement is a good deal less effective and efficient than it could be, because of the way its resources are configured, led, and under the close and very unaccountable supervision of ministers and bureaucrats. Continue reading →b



FIONA STURGES. Snobs,Brexit and Lady Hale (The Guardian, 27 September 2019)


For all the talk of an industry in crisis, you have to hand it to the British media for their ability to get to the nub of a story. It was, one imagines, with a gasp of triumph that the Daily Mail was able to deliver a stinging blow to the president of the supreme court, Lady Hale, she of the spider brooch and the damning verdict on our prime minister’s prorogation wheeze. Via a stunned headline, the paper was this week able to reveal thatHale, who graduated top of her class at Cambridge in law, who was the first woman to be appointed to the Law Commission, and the second to be appointed to the court of appeal, was in fact an “ex-barmaid”. Truly, we must applaud this mighty organ’s dogged commitment to truth and scrutiny. Continue reading →



 People happily talk about the mystery of poetry and of literature. They talk about it ad nauseam. However, nothing is explained, I have to confess, by alluding here to magic or religious ecstasy, wishing stones or observant animals. To talk about the ineffable is to say precisely nothing at all. To talk about secrets is to confess nothing. Poets may indeed be devout, but to what are they devoted? Writers may know a great deal, but what kind of knowledge is it? 


You can’t change the world
But you can change the facts
When you change the facts
You change points of view
When you change points of view

You may change a vote
And when you change a vote
You may change the world


With 'The Border,' Don Winslow closes modern literature's most ...

Nick Caistor reviews Enrique Vila-Matas' Dublinesca, his new novel in Spanish. 
Vila-Matas insists that there is a "moral contract" between writer and reader, and that the reader should be active, showing a "capacity for intelligent emotion, a wish to understand the other person, and to get closer to a language that is different from that of our daily tyrannies". He goes further, declaring that: "the same skills needed to write are also needed to read. Writers can fail readers, but the reverse is also true, and readers fail writers when all they look for in them is a confirmation that the world is exactly how they see it". In spite of all the playfulness therefore, the game of literature is the most serious and urgent there is.
The review is behind the TLS' subscriber paywall yet, for such diligence, sensitivity and happy seriousness, it is worth the outlay. Elsewhere in the paper, Gabriel Josipovici provides the background to his unhappy attempt to speak about such issues to a few of our daily tyrannies and concludes:
[T]hough critics and reviewers in the English language today pay lip service to T. S. Eliot and Virginia Woolf, and even Beckett and Borges, they seem not to have grasped what it was these writers were up to, the radical nature of their critique of the arts in our time. That is what [What Ever Happened to Modernism?] is about, though it seems that in England today journalists are only interested in raking mud.


Try again. Fail again. Fail better', surely the most misread sequence in all of Beckett. He would have been horrified to see it appropriated as a catch-all stoic maxim (e.g. 'OK, you're destined to fail, but never mind, keep trying, keep failing in such a way that your failures come closer to success'). Beckett would have poured scorn on this sort of chocolate-box philosophy. The intended meaning is, directly and literally, 'fail more fully, more catastrophically. Absolutize your failure.'

In a metafictional sleight of hand, the diarist wonders if this restraint is enough, a move that raises the issue of intention and mastery. If the fiction is under the author's control, the expression of limits and pained distance suggest that literary fiction is a charade and is as useless as the grandfather's notebook for providing access to experience. The diary format is then a sop to our enduring gullibility. History, he decides, might be "nothing but the accumulation of massacres that lie behind every speech, every gesture, every memory", which would mean every aspect of this unhappy situation is itself the legacy and revelation of disastrous history: 
... if Auschwitz is the tragedy that contains in its essence all those other tragedies, it's also in a way proof of the non-viability of human experience at all times and in all places – in the face of which there is nothing one can do or think, no possible deviation from the path my grandfather followed during those years.
                                                                                  (Translated by Margaret Jull Costa)

Demons (pre-reform Russian: Бѣсы; post-reform Russian: Бесы, tr. Bésy; sometimes also called The Possessed or The Devils) is a novel by Fyodor Dostoevsky, first published in the journal The Russian Messenger in 1871–72

It is perhaps no coincidence that of Dotoevsky's The Devils Thomas Bernhard wrote: "Never in my whole life have I read a more engrossing and elemental work". These adjectives are the words I would have used to describe his own books when I discovered them, written it seemed to me on the edge of collapse. Aged 19 and expected to die of TB (the initials might be more appropriate than the full name) he read the book in a hospital bed:

It had the effect of a powerful drug, and for a time I was totally absorbed by it. For some time after my return home I refused to read another book, fearing that I might be plunged headlong into the deepest disappointment. For weeks I refused to read anything at all. The monstrous quality of The Devils had made me strong; it had shown me a path that I could follow and told me that I was on the right one, the one that led out. I had felt the impact of a work that was both wild and great, and I emerged from the experience like a hero. Seldom has literature produced such an overwhelming effect on me.  
Twenty years later, living on but still threatened by constant ill-health, he published The Lime Works, a novel beginning with an ellipsis and in the midst of hearsay and speculation:
... when Konrad bought the lime works, about five and a half years ago, the first thing he moved in was a piano he set up in his room on the first floor, according to the gossip at the Laska tavern, not because of any artistic leanings, says Wieser, the manager of the Mussner estate, but for relaxation, to ease the nervous strain caused by decades of unremitting brain work, says Fro, the man in charge of the Trattner estate, agreeing that Konrad's piano playing had nothing to do with art, which Konrad hates, but was just improvisation, as Wieser says, for an hour first thing early in the morning and another late at night, every day, spent at the keyboard, with the metronome ticking away, the window open ..."



NO ONE IS BORN IN A PERFECT WORLD. AND THE QUESTION SHOULD ALWAYS BE: PERFECT, ACCORDING TO WHOM?   Selling Out Paradise.

One is a young, dynamic Treasurer who thrives in the limelight and almost certainly sees himself as a future Liberal Party leader. The other is an even younger, dynamic Treasurer who thrives in the limelight and who many of his colleagues expect will become a Liberal Party leader.

The former is deputy Liberal leader Josh Frydenberg, whose long-range positioning to one day succeed Prime Minister Scott Morrison is obvious to anyone with a passing interest in politics. The latter is his NSW counterpart, Dominic Perrottet, whose long-downtrodden conservative faction prays will be the state's next premier.

The man who would end the stamp duty curse


If you’re so smart, why aren’t you rich? Turns out it’s just chance. MIT Technology Review. We’ve been saying that for some time…
TOWARDS A DEMOCRATIC SOCIALIST FOREIGN POLICY Current Affairs. UserFriendly: “It’s a start, but I wonder if it wouldn’t ramp up R2P sentiment by accident.”
The End Of College Is Coming Forbes











“The boat appeared to be hanging, as if by magic,… upon the interior surface of a funnel

Facebook Pledges $1 Billion for California Housing New York Times. We saw this movie in the mortgage settlement. “Grants, loans and land” = funny money. 
Some Good News for North Coast Wiyot Tribe North Coast Journal. Glenn F: 
The Wiyot Tribe’s acquisition of Indian Island: It’s a move without precedent across the nation, according to numerous experts consulted for this story, all of whom said that while there have been instances of the federal government, nonprofits and private entities returning land to tribes, Eureka appears to be the first local municipality to have ever taken such a step.

Courthouse News Service: “Rejecting arguments that Facebook users suffered no “concrete harm” by having their facial data mapped and stored, the Ninth Circuit advanced a $35 billion class action against the social media giant Thursday. Facebook sought to swat down the lawsuit last year after U.S. District Judge James Donato ordered it to alert users about an upcoming trial on claims that it harvested facial data in violation of an Illinois privacy law. The Ninth Circuit granted Facebook’s eleventh-hour request for a stay pending appeal in May 2018. A lawyer representing a class of Facebook users said the ruling sends a strong message that Facebook can be held accountable for failing to protect people’s private information. “This biometric data is very sensitive. It’s as unique as a fingerprint,” said attorney Shawn Williams, of the firm Robbins Geller Rudman & Dowd in San Francisco…”


Guy Snodgrass, via Politico
What I saw there that foretold the coming rift between Mattis and the president—and today’s foreign policy crises.
Michael Dirda, via Washington Post
Their words leave nothing veiled, as in a four-line outburst by the 15th-century Mehri, “an answer to an old man who proposed himself as her lover”.
Will Oremus, via Medium
It justified the status quo in a zeitgeist demanding (soft) revolution.