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Appendix 10: Use of access powers

In most circumstances, we work cooperatively with taxpayers and third parties to obtain relevant information without having to exercise our formal powers. Our approach to information gathering, including the policies and procedures for the use of our powers is available on ato.gov.au.

Use of formal information gathering notices is necessary where third parties, such as financial institutions, are required to provide private tax-related information to us. They are also necessary to establish the relevant facts and evidence in audits and other investigations.

On five occasions we needed to gather relevant information using our powers to obtain access without notice.

During 2018–19, there were 25,752 formal notices issued to obtain relevant information and documents. These included situations where we combined notices for information and documents with notices requiring formal interviews.

Formal access and information-gathering powers used by the Commissioner, 2016–17 to 2018–19

Access – approved submissions

2016–17

2017–18

2018–19

With notice

27

14

16

Without notice

10

3

5

Immediate

0

0

1

TOTAL

37

17

22

Formal information-gathering notices

2016–17

2017–18

2018–19

Information or document

16,004

20,612

25,299

Attend and give evidence

327

352

410

Formal offshore requests

35

32

43

TOTAL

16,366

20,996

25,752

NOTE

Care should be taken in extrapolating trends from this data. Figures include all formal notices issued, including the re-issue of a formal notice, and do not represent the number of taxpayers who have received a formal notice. Much of the increase in numbers is attributable to requests for third-party information or documents from banks where client confidentiality requires the use of formal notices.