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Reducing penalties and reasonably arguable position paper

Member Price: $57.00
Non Member Price: $75.00

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Published on 18 Oct 12 by TASMANIAN DIVISION, THE TAX INSTITUTE

A thorough understanding of how the system of penalties is administered by the ATO is one of the best ways of minimising the severity of the impact. What is a “reasonably arguable position”, and how can it help your client? In this paper the penalties framework is discussed in detail, and covers:

  • how the ATO assesses your client’s behaviour: negligence, recklessness and intentionally disregarding a tax law
  • how and when to make a voluntary disclosure
  • what is a reasonably arguable position, and how to go about preparing a RAP
  • SIC and GIC – how to have them remitted
  • the best strategies to negotiate a reduction in penalties.

Author profile

Arthur Athanasiou CTA-Life
Photo of author, Arthur ATHANASIOU Arthur Athanasiou, CTA (Life), is an Accredited Tax Law Specialist and Principal of AGA Legal Pty Ltd. He is a highly competent and well-respected tax lawyer with 30 years’ experience. While he provides clients with tax and structuring advice, his main area of focus is in resolving tax disputes with the ATO and SRO and settling tax audits. Arthur also practises in matters involving tax agents and inquiries by the Tax Practitioners Board including appealing adverse TPB decisions. His practice also extends to white-collar crime, and other taxation offences. He also has a Deceased Estates practice. Arthur has qualified as a Chartered Accountant and is a former President of The Tax Institute. He has been appointed as an Adjunct Professor at La Trobe University Law School and chaired the Law Institute’s Tax Law Advisory Committee for a decade. Arthur has been recognized by Doyle's Guide who has recognized him as a "Leading Lawyer, Tax Law, Victoria" multiple times (2016, 2018-2024) and a "Recommended Lawyer, Tax Law, Victoria" (2015, 2017). Best Lawyers Peer Review recognised him as "Best Lawyer Trusts and Estates" (2022-2026) and for his work in Tax Law (since 2023). He is a widely published writer on taxation issues and regularly appears in mainstream media and presents at tax conferences and seminars. - Current at 03 June 2025
Click here to expand/collapse more articles by Arthur ATHANASIOU.

 

This was presented at 2012 Tasmanian State Convention .

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