Offshore information notices
If the ATO believes that information relevant to your assessment is held overseas, you may receive a written 'offshore information notice' asking to provide the information.
The ATO will give you 90 days to supply the information. You may ask for extra time by applying in writing to a tax office before the time runs out. If you are allowed extra time, you will be advised of this in writing. The extra time will be given if the ATO has not answered your request before the time allowed runs out.
The ATO may change the notice in writing to:
- reduce its scope, or
- correct a clerical error or obvious mistake.
The ATO may also issue you with another notice or vary or withdraw a notice.
If you fail or refuse to comply with an offshore information notice, you have not committed an offence.
However, if you don't give the ATO all of the information asked for, you could be stopped from using it as evidence in proceedings in which you dispute the assessment.
The ATO may consent to information being admissible in proceedings where the Commissioner considers that its use would not be misleading.