All information on a company
Dear Australian Taxation Office,
I would like to request all information you have on a buisness trading as, Kare Group Australia. ABN 56 152 090 018.
Yours faithfully,
Jason Chahine
Dear FOI Applicant,
Your FOI request seeks taxpayer documents that are protected information
under s 355-30 of the Taxation Administration Act 1953 (TAA). Under s
355-25 of the TAA the ATO cannot provide access to those documents without
obtaining details about your authority to receive the documents. If you
are authorised to receive the documents, s 335-25 of the TAA prevents us
from providing them to you publicly on the Right To Know website.
Please confirm your consent to withdraw this request. We suggest that you
ask the RTK administrators to remove it from the RTK website.
If you are authorised to receive the documents please make a request
directly to the ATO and include details of your authority to receive
documents about this taxpayer. Generally, requests for your own taxation
records such as tax returns, assessments and payment summaries are not
processed under FOI. They can be requested using the ‘Copies of tax
documents request form’ available at [1]www.ato.gov.au. FOI requests can
be sent to [2][ATO request email]
Yours faithfully,
FOI Team
References
Visible links
1. http://www.ato.gov.au/
2. mailto:[ATO request email]
Dear FOI,
This is from the ATO website.
YOUR RIGHTS
The Freedom of Information Act 1982 (FOI Act) gives you
the right to:
■ access copies of documents (except exempt documents) held by us, as well as other Australian Government departments and some statutory authorities.
I cant seem to find any clause in the act to say that you cant realease any information you have. I dont want legally exempt documents obviously but there is something you can give.
;)
Jason chahine
Dear Mr Chahine,
You have requested documents about a particular entity that is a company,
and is not yourself.
As you have noted in your email below, under the FOI Act, the ATO does not
have to provide you access to 'exempt documents'.
Documents about an entity that are subject to the taxation confidentiality
laws in Division 355 of the Taxation Administration Act 1953, are 'exempt
documents' under s 38 of the FOI Act. Documents subject to the taxation
confidentiality laws can only be provided to the entity itself, and
certain other specified covered entities, such as the entity's tax agent
or BAS agent or lawyer or other nominated representative; or in other very
limited specified circumstances. See further the statutory note below.
The documents you have requested about an entity are subject to the
taxation confidentiality laws in Division 355, and are exempt under s 38
of the FOI Act. Unless you can demonstrate that you have a legal
entitlement to documents the ATO cannot provide them to you.
You cannot apply for documents about any entity or yourself via the RTK
website, and the ATO cannot provide any documents about any entity via the
RTK website. This request is therefore refused.
If you want to pursue an FOI request about this entity further, you will
have to contact the ATO directly (not in public via the RTK website) and
prove your identity and show a legal entitlement to obtain documents about
this entity.
The ATO will not be entering into any further correspondence about this
matter via the RTK website, please contact the ATO directly and privately.
Statutory note
Under s 355-25 of the Taxation Administration Act 1953 it is an offence
for a taxation officer to disclose protected information about an entity,
to another entity.
Under s 355-30 protected information means information that was obtained
under a taxation law relating to an entity, that identifies, or is
reasonably capable of identifying, the entity. Under s 355-35, consent to
the disclosure of protected information by the entity to which it relates,
is not a defence to a prosecution.
Yours faithfully,
FOI Team