Procedural justice and the Australian Taxation Office: A study of scheme investors
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Murphy, Kristina
Australian National University. Centre for Tax System Integrity
Australian Taxation Office
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Centre for Tax System Integrity (CTSI), Research School of Social Sciences, The Australian National University
Australian Taxation Office
Australian Taxation Office
Abstract
During the 1990s, Australian taxpayers who invested in mass marketed tax schemes
enjoyed generous tax breaks until the Australian Taxation Office (Tax Office) told them in
1998 that they abused the system. This paper examines the circumstances surrounding the
decision of taxpayers’ to invest in scheme arrangements, and investors’ perceptions of the
way the Tax Office dealt with the schemes issue. In addition, this paper explores why such
a large number of investors have chosen to defy the Tax Office’s demands that they pay
back taxes. Data were taken from interviews conducted with 29 scheme investors, and four
non-investors, living in the Goldfields region of Western Australia. Consistent with the
procedural justice literature, the findings revealed that many scheme investors chose to
defy the Tax Office’s request that they pay back tax because they perceived the procedures
that the Tax Office used to handle the situation as unfair. The implications of these
findings are discussed and possible solutions for how the Tax Office might prevent a reoccurrence
of the situation in the future are proposed.
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