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This manual reflects Corporations Act 2001 requirements and Australian Accounting Standards that must be applied for interim and annual financial reports for year ending 30 June 2015.
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Understand the strengths and weaknesses of each party’s position and prioritise issues. These issues may be broader than purely short-term objectives.
Identify key players
Who will attend the settlement discussions? It is critical that someone who has delegated authority to settle represents both parties in person. This person should participate in every subsequent communication where the written Settlement Deed is formalised so that any misunderstandings as to what was verbally agreed are identified well before the Deed is executed.
Consider an independent arbiter
Consider appointing an independent party (e.g. Accredited Mediator) to facilitate settlement discussions. Settlement discussions are usually led by the Assistant Commissioner assigned to the audit, who may (despite best intentions) feel obliged to support his audit team. While the Commissioner has recognised a need for independence as part of the new independent review function, it is not yet 'business as usual' for settlement discussions.
Undertake a detailed review of the Deed
Taxpayers should ensure that all relevant paragraphs of the ATO’s Model Deed of Settlement are included, and that both parties agree to any other alterations prior to execution.
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KPMG International Cooperative ("KPMG International") is a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.