Sam Mohammad and Julia Brosnan discuss the ATO's Tax Risk Management and Governance Review Guide.
By now, most taxpayers would be aware of the Australian Taxation Office (ATO) Top 1,000 Justified Trust program and, in particular, the continued focus on tax risk management and governance. The ATO has documented its expectations relating to tax risk management in its Tax Risk Management and Governance Review Guide, which has recently been updated.
Whereas the Guide has historically had an income tax focus, the updated Guide’s ‘whole of tax’ approach now gives equal importance to indirect taxes such as goods and services tax (GST) and excise. In particular, one of the key focuses for the ATO in relation to indirect tax is on systems or sub-systems that are used in the excise and business activity statement (BAS) return preparation process and their related information technology (IT) controls.
In order to demonstrate “better practice”, the ATO expects that taxpayers will be able to evidence that they have effective IT system and application controls that:
For many taxpayers, this heightened scrutiny on GST and excise data integrity, IT controls and regular and substantive testing represents a significant step change from simply relying on the proforma BAS or excise report from the accounting system or rolling over the previous month’s Excel template. In this new world of justified trust, taxpayers should now seriously consider fully automating the BAS and excise return processes or, at a minimum, putting in place greater automated controls and exception testing and having these externally reviewed.
Since its original release in 2015, the Guide has expanded exponentially from 25 pages to 100 pages, reflecting the ATO’s growing expectations of taxpayers. Given that the Guide is intended to be used by ATO audit teams, its update is a welcome act of transparency by the ATO. Taxpayers, especially large corporations, can now confidently predict the approach an ATO audit team will take. This can be used in the design of internal processes and review procedures.
Similarly, where corporates are considering the future of their internal tax functions, as well as the increasing role of automation of those functions, the updated Guide provides useful insights into the governance and design processes which will need to be included.