Robotax: why the ATO’s controversial tax debt clawback scheme deserves media scrutiny

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Robotax: why the ATO’s controversial tax debt clawback scheme deserves media scrutiny
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Tax office says it has no discretion to waive even decades-old debt, but with the ombudsman disputing this, should the media just accept it and move on?

Tax ombudsman says ATO commissioner has powers designed to modify how a tax law operates – should the media accept the ‘no discretion’ defence, and move on?Last November, thousands of Australians received letters advising them of unpaid tax debts. Some of these were decades old, dating back to a time of chequebooks and paper records.Some believed the letters were a scam with forged Australian Taxation Office letterhead, and promptly disposed of the correspondence.

Those affected dubbed the program “robotax” due to the robotic and unsympathetic nature of the initiative that reminded Australians of the ill-fated robodebt scheme, with taxpayers required toMany people who received the November letters advising of tax debts ranging from a few cents to thousands of dollars had no recollection of the amounts owing.

The ATO had previously filtered out debts if they were very old, small, or the taxpayer was aged over 70 years or earning a taxable income of less than $50,000. Now, those debts would be extracted from tax refunds regardless of when they accrued. Internal ATO documents show there had already been at least one systems error resulting in a miscalculation of the amounts to be extracted.The outlier is Crikey, which published an analysis that was supportive of the ATO scheme, and highly critical of the media in general, and Guardian Australia in particular, for “chanting ‘robotax’ non-stop”.

The ATO also has discretionary powers to waive debts under hardship. If the issue does require a legislative fix, the tax office can advise the government that a category of debts should be waived, something it could have done before rolling out the flawed campaign.

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