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Resolving tax disputes paper

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Published on 11 Oct 12 by VICTORIAN DIVISION, THE TAX INSTITUTE

Most tax advisers think that any dispute with the ATO begins and ends with the Administrative Appeals Tribunal. However, most tax advisers may be surprised to learn that there is a wide range of administrative remedies where a solution can be found without resorting to litigation.

This paper sets out the latest strategies in dealing with the ATO in a dispute including:

  • Retention of refunds and assessments:
    • pre-assessment reviews
    • dealing with debt recovery by the ATO
    • making the most of the objections process
    • using alternative dispute resolution
    • using the AAT to resolve disputes effectively
    • when to appeal to the Federal Court.
  • Claims for compensation from the ATO:
    • negligence and other torts
    • CDDA Scheme.

Author profile

Michael Bearman CTA
Michael Bearman, CTA, has 35 years’ experience representing clients in taxation matters. He is a Chartered Tax Advisor and has sat on numerous Tax Institute committees over many years. He has been consistently ranked by Doyles Guide as Melbourne’s one of Melbourne’s pre-eminent taxation barristers since 2016. A regular speaker and writer, Michael’s most recent publications are Taxing matters: Judgments and settlements, Victorian Bar News, Issue 166 (2020) and Fifty shades of Greig: the spectrum of taxpayers in share trading, with P Klank, Taxation in Australia, (2020) Vol. 50(5). - Current at 21 May 2024
Click here to expand/collapse more articles by Michael Bearman.

 

This was presented at 51st Victorian State Convention .

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