But in ascertaining the extent of that liability there can be much to be uncertain about, for example, how is the LPR to know whether the deceased’s returns were accurate; how do they work out the amount of any capital gain or loss from an asset if they cannot locate the deceased’s cost base records? Aside from these practical questions is the broader question of how to deal with the general uncertainties in the operation of the income tax law.

The LPR can make a voluntary disclosure or seek a private ruling. But this article highlights how you, as practitioners, can assist the Society of Trust and Estate Practitioners (STEP) and other professional bodies advocate for changes to the law or for advice from the ATO to create certainty for taxpayers in general. Remember many voices can make a difference.

You may be interested in some of our own BNR advocacy pieces:

Reflecting on recommendation 6 – this document is a response to the IGTO recommendation that the ATO consult with tax professionals and the Board of Taxation about the possibility of removing estates from the trust taxation regime.  The aim of the paper is simply to kick-start a discussion about the issues highlighted by that recommendation. We have outlined one approach, there are no doubt others, and there are definitely more issues that need to be scoped as part of our suggestion.  But as with all change, it is a matter of starting somewhere.

Administrative irritants – this document is a response to the ATO Tax Practitioner Stewardship Group following on from the IGTO report. As the link suggests, this paper focuses on tax system irritants that we have identified in our practice relating to the administration of deceased estates.