Tax Man can break into home to obtain records

A recent ombudsman report has confirmed the ATO is free to break into and raid homes, cars and workplaces where it believes documents are at risk of being destroyed.

The visits, which may involve locksmiths do not need court-issued warrants.

The Ombudsman said the ATO officers advise building occupiers that they are under no obligation to answer any questions other than those regarding the location of the documents.

This is the second Ombudsman investigation into the ATO’s access without notice powers in the past 10 years and it confirms that the ATO is exercising these powers in the manner in which it should.

A Senate report found that the ATO conducted as many as 280,000 raids without warrants yearly.

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