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ARTICLE · 09 OCTOBER 2019

Computer-generated letters and the law – uncertainty following ATO decision

A taxpayer is liable for the interest charges on their tax bill despite a letter from the ATO stating the opposite.

AustraliaTax

If a computer-generated letter arrives from the Australian Taxation Office informing you that the interest you owe on a tax debt is not due to be paid, you would most likely assume that this is the decision of the tax office.

Unfortunately, this assumption would be incorrect.

Machines unable to make rational decisions, thus computer-generated letters could be unreliable

The Full Federal Court of Australia decided in 2018 that a taxpayer is liable for the interest charges on their tax bill, even though they'd been sent a letter from the ATO stating that the interest was not due to be paid.

Even though the letter stated that it was from the Deputy Tax Commissioner, the Full Federal Court ruled that because it was machine-generated correspondence and there was no related mental decision involved, it could not be depended on as a decision that the ATO had made on the interest. (See Pintarich v Deputy Commissioner of Taxation [2018] FACFC 79.)

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