SMSF Association Submission – The exercise of the Commissioner’s Remedial Powers

SMSF Association Submission

The SMSF Association welcomes the opportunity to provide this submission in response to the
Inspector-General of Taxation and Taxation Ombudsman’s review of the Commissioner’s Remedial

We acknowledge that the Commissioner’s remedial power (CRP) is a discretionary power of last
resort. That its intended use is limited to where a law change is required to address circumstances
where the law is not operating as intended.

Presently there is no transparency on when a matter is referred for consideration under the CRP.
Once referred, consultations are limited and are not undertaken widely. Where the decision is made
to not to use the CRP, the date the decision is made is not published and only very limited reasons
are provided.

There needs to be greater clarity on when a matter is referred for consideration, the consultation
process, and when a decision is made and why.

The exercise of the Commissioner's Remedial Powers

SMSF Association Submission