In June 2015, the Abbott government released an exposure draft of legislation that would exempt approximately 1,000 private companies from tax transparency measures [1].
These companies were originally scheduled to have their basic tax information published by the Australian Tax Office (ATO) later that year under laws introduced by the former Labor government.
The proposed exemption would apply to Australian-owned private companies with turnover of $100 million or more, while listed companies and multinationals would still have their information published [1].
The Labor government's original tax transparency laws, enacted in 2013, required publication of total income, taxable income or net income, and income tax payable for corporate tax entities with $100 million or more in total income [1].
**The policy rationale is omitted.** The claim presents this as a simple favor to wealthy companies, but the Coalition provided several stated justifications:
1. **Privacy and security concerns:** The government cited concerns about "personal privacy and security" for owners of closely held companies, with Treasury explanatory notes stating that "privacy concerns exist for the Australian owners of closely held companies where the disclosure of the companies' information effectively discloses information about the owners' financial affairs" [1].
The kidnap risk was raised at Coalition party meetings as a specific concern for wealthy owners [1].
2. **Commercial sensitivity:** The government argued the information could be used by competitors, customers, and suppliers in commercial negotiations to the disadvantage of private companies [1].
3. **Misleading nature of the data:** The Coalition noted that the raw tax data could be misleading because it ignores residual liability on owners for personal income tax on company distributed after-tax profits [1].
4. **Disproportionate compliance burden:** Private companies would need to publish additional information to provide context and protect their reputations [1].
**The distinction between company types is not explained.** The proposed exemption specifically targeted Australian-owned private companies, not foreign-owned entities or listed companies.
Companies that were wholly-owned subsidiaries of foreign corporate groups or more than 50% foreign-owned would still have been required to disclose [1].
This specific article was written by Daniel Hurst, then Guardian Australia's political correspondent, and presents factual information about the legislation with quotes from both government and opposition representatives.
The article accurately reports the Coalition's proposed policy and includes:
- Direct quotes from Labor's shadow assistant treasurer Andrew Leigh opposing the changes
- Quotes from Coalition ministers Josh Frydenberg and Tony Abbott defending the policy
- Reference to the Treasury exposure draft and explanatory notes
- Context about the original Labor laws
While The Guardian has a generally progressive editorial stance, this reporting appears factual and balanced, presenting both sides of the policy debate.
**Did Labor do something similar?**
**NO** - Labor introduced the transparency laws in the first place, making this a clear point of policy differentiation between the parties.
* * * *
The Rudd/Gillard Labor government enacted the Tax Laws Amendment (2013 Measures No. 2) Bill 2013 (also known as the "Code of Conduct Bill"), which included the tax transparency provisions requiring the ATO to publish tax information for large companies [1].
They want to stand on the side of keeping tax a secret rather than on the side of openness and transparency" [1].
**Later Labor position:** In 2018, the Australian Labor Party introduced a private Senator's Bill to Parliament that would require the ATO to disclose tax information for private companies with turnover more than AUD 100 million annually [2], demonstrating continued commitment to expanding rather than contracting tax transparency.
Additionally, the Albanese Labor government (2022-present) has implemented further tax transparency measures, including a beneficial ownership register and public country-by-country reporting requirements [3].
The Coalition did propose exempting wealthy private companies from tax transparency requirements, and this was consistent with their broader approach to business regulation.
**Coalition perspective:** The government argued that publishing tax information for private companies raised legitimate concerns about:
- Personal security risks for wealthy owners
- Commercial disadvantage in competitive markets
- Privacy intrusions that didn't apply to public companies
- The misleading nature of raw tax data without context
Assistant Treasurer Josh Frydenberg stated that the information was already available to the ATO, and the question was whether there was "real justification for releasing the details about privately owned Australian companies, as opposed to multinationals, into the arena where there could be serious commercial and personal risk" [1].
**Critics' perspective:** Labor and transparency advocates argued that:
- The kidnap risk argument was exaggerated or spurious
- Transparency was essential for public confidence in the tax system
- Large private companies should be subject to the same scrutiny as public companies
- The proposal favored wealthy business owners over the public interest
**Key context:** This is **NOT unique across parties** in terms of the underlying tension—both major parties have struggled with balancing business privacy against public transparency.
However, on this specific policy:
- Labor introduced the transparency requirements
- The Coalition sought to roll them back for private companies
- Labor (in opposition) opposed the rollback
- Subsequent Labor governments have expanded transparency measures
This represents a genuine policy difference between the parties on corporate transparency rather than a case of one party doing something the other also did.
The Coalition government under Tony Abbott did propose legislation in June 2015 that would exempt approximately 1,000 wealthy private Australian-owned companies from publishing basic tax information, including total income, taxable income, and tax payable.
The Coalition government under Tony Abbott did propose legislation in June 2015 that would exempt approximately 1,000 wealthy private Australian-owned companies from publishing basic tax information, including total income, taxable income, and tax payable.