Tax
Disputes

Tax Disputes

Facing a dispute with a tax authority? We help you to assert your rights, take decisive action and minimise the consequences.

The Australian Taxation Office and State Revenue authorities don’t always get it right. You have options to challenge their decisions. We help you to understand your legal position and robustly defend yourself.

We assist with:

tax audits and risk reviews (including Tax Avoidance Taskforce and Next 5000 private groups tax performance program);
objections;
defending tax debt recovery proceedings;
early engagement;
in-house facilitation and alternative dispute resolution;
voluntary disclosures;
private rulings;
reasonably arguable position papers;
Administrative Appeals Tribunal proceedings; and
Federal Court proceedings.

Approach

The Australian Taxation Office and State Revenue authorities don’t always get it right. You have options to challenge their decisions. We help you to understand your legal position and robustly defend yourself.

We assist with:

tax audits and risk reviews (including Tax Avoidance Taskforce and Next 5000 private groups tax performance program);
objections;
defending tax debt recovery proceedings;
early engagement;
in-house facilitation and alternative dispute resolution;
voluntary disclosures;
private rulings;
reasonably arguable position papers;
Administrative Appeals Tribunal proceedings; and
Federal Court proceedings.

Fill in the form and someone from our team will be in contact shortly.

How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

Why should I engage a tax lawyer?

The Velocity Legal tax team has extensive expertise advising taxpayers with tax disputes. We regularly assist high-net worth individuals, private business and business owners with the management of ATO tax audits and disputes. This includes assistance in defending ATO claims, objections, voluntary disclosures, obtaining private rulings and challenging matters in the Administrative Appeals Tribunal or Federal Court.

I received an assessment, and I don’t agree with it. What can I do?

Tax disputes are generally governed by Part IVC of the Taxation Administrative Act 1953. You may have the right to object to a notice of assessment where you disagree with the assessment.

We regular assist with preparing objections to maximise your chances of a positive outcome. This includes ensuring that formality requirements are conformed with, and that the application includes the relevant details that illustrate why the assessment is excessive.

How can I resolve my dispute with the ATO?

Where a dispute arises between you and the ATO, there are number of ways in which the conflict may be deescalated or, where possible, resolved. Some dispute resolution mechanisms applicable to resolving disputes with the ATO include:

in-house facilitation;
independent review service;
alternative dispute resolution;
early engagement;
dispute assist; and
settlement and litigation.

The mechanisms differ in important ways. It is recommended that you seek independent legal advice for further information on which avenue is most appropriate for your situation.

How far back can the ATO review my affairs?

The period in which the Commissioner of Taxation can amend assessments is generally either two years (for small businesses) and four years (for non-small businesses). It is important to note that the clock starts ticking on the day that you receive your notice of assessment.

Example: Where you receive your notice of assessment from the ATO on the 1 August 2017, the two-year amendment period begins on 1 August 2017. This means that the two-year period will lapse on 1 August 2019, two years from the date in which you received your notice of assessment.

However, there are important exceptions to this general rule. For example, where the Commissioner is of the opinion that fraud or evasion has occurred, an unlimited period of review applies. Certain provisions, such as section 100A of the _Income Tax Assessment Act _1936 also contain unlimited review periods.