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Formal Section 353-10 Notice

Your partner in handling Section 353-10 Notices

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Receiving a formal notice from the ATO requiring you to provide information or documents or to attend a formal interview under section 353-10 of the Taxation Administration Act can be extremely intimidating.

Failure or refusal to comply with a section 353 notice is a criminal offence, and so it is essential that you seek specialist legal advice immediately on receipt of the notice.

The ATO’s powers under section 353 are extensive, including the power to enter and remain on any land or premises, have full and free access at all reasonable times to any documents, goods, or other property, and inspect examine, make copies, or take extracts from any documents, goods or other property.

Further, the ATOs powers are not generally restricted by contractual confidentiality, and the ATO can, for example, issue a notice for the production of documents contained in a bank’s safe deposit box which overrides the bank’s duty of confidentiality.

Dormer Stanhope has particular expertise representing a number of high-net-worth individuals and companies in high-profile disputes with the ATO and is a safe pair of hands for these often complex and high-stakes matters.

Whether you or someone you know has been issued a notice to provide information or documents, or have been asked to attend a formal interview, contact Dormer Stanhope today to receive advice about whether the ATO is within their rights to make the request and if so, to assist you with the process, safeguard your rights and minimise the risk of oversharing information.

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