Tax dispute lawyers for ATO tax disputes
Tax dispute lawyers can give you expert legal advice on your tax affairs and help you resolve your tax disputes with the Australian Taxation Office (ATO) quickly and cost-effectively.
It is important that you choose the right lawyer for your ATO tax matter. For instance, you should not engage a family lawyer or property lawyer to deal with your tax dispute. Tax law is a very complex and specialised area of the law and there are only a few Australian tax lawyers who have the sufficient knowledge and expertise to deal with the ATO and tax matters effectively. Therefore, you need to find an experienced and competent tax lawyer who understands the Australian tax system and also knows how the ATO thinks and operates.
If you have a tax dispute or disagreement with the ATO, or you are not happy with the way that the ATO has handled your case, you should contact King Lawyers as soon as possible and get legal advice from our professional and experienced tax dispute lawyers on your legal options.
Tax dispute lawyers for ATO tax audits
The ATO has the legal power to audit and investigate your tax affairs to ensure that you have correctly complied with your tax obligations under the Australian taxation laws.
Tax audits by the ATO are usually not random and, by the time you are audited, the ATO has already identified a significant tax risk that needs further investigation. For example, the ATO may consider that:
- You have not correctly reported your assessable income to the ATO
- You have incorrectly claimed a tax deduction for your expenses in your tax return
- Your lifestyle is not in line with the income that you have been declaring to the ATO
A tax audit by the ATO can be stressful, time-consuming and very costly. Therefore, it is in your best interest to engage a good tax lawyer from the very start of the audit to assist you with your tax matter. This will help you achieve the best possible outcome for your tax case and minimise your tax bill as much as possible.
A tax dispute lawyer can help you with the following:
- Legal advice and representation for an ATO tax audit
- Dealing with requests for information and documents by the ATO’s auditors
- Dealing with formal ATO meetings and ATO interviews
- Responding to ATO’s audit position paper
The sooner you engage a tax lawyer for your ATO tax audit, the more likely the tax lawyer will be able to help with your matter and achieve the best possible result for your tax audit.
Tax dispute lawyers for ATO tax objections
If you have received a tax assessment or tax audit decision from the ATO and you are not happy with it, you have a legal right to apply for an objection. However, you can only lodge one objection against each ATO tax assessment or ATO decision. Therefore, it is important and necessary that you get the objection right the first time.
There are strict time limits under the law for an ATO tax objection. Therefore, it is important that you contact an experienced tax lawyer immediately and seek advice on your chances of success in lodging an objection with the ATO.
A tax dispute lawyer can help you with the following:
- Legal advice and representation for an ATO tax objection
- Preparation and lodgement of the tax objection with the ATO
- Dealing with any ATO meetings, negotiations or settlements regarding the objection
The sooner you engage a tax lawyer for your ATO tax objection, the more likely the tax lawyer will be able to help with your matter and achieve the best possible outcome for your tax objection.
Tax dispute lawyers for ATO tax litigation
Tax litigation begins when a taxpayer seeks an external review of an ATO decision by appealing the relevant decision to either the Administrative Appeals Tribunal (AAT) or the Federal Court of Australia. Tax litigation generally ends when the appeal is withdrawn by the applicant, settled by the parties or when the AAT or Federal Court finally determines the issues in dispute.
The tax review process is set out in Part IVC of the Taxation Administration Act 1953. The Part IVC review procedures apply to most types of tax that the ATO administers, including income tax, goods and services tax (GST), superannuation and fringe benefits tax.
If the provisions of Part IVC do not apply, the relevant ATO decision may be challenged under other administrative law avenues, such as those provided under the Administrative Decisions (Judicial Review) Act 1977 and section 39B of the Judiciary Act 1903.
There are strict time limits under the law for appealing or challenging an ATO decision. Therefore, it is important that you get legal advice from an experienced tax lawyer immediately on your chances of success in disputing the ATO’s decision.
Tax dispute lawyers for ATO tax debts
If you have received a large tax bill from the ATO (over $10,000), you should seek legal advice and deal with that matter as soon as possible.
An experienced tax lawyer can give you advice on the legal options available to you regarding your ATO tax debt. This includes your legal options, and chances of success, in challenging or reducing your ATO tax bill.
The sooner you get advice from a tax lawyer on your tax debt, the more likely the tax lawyer will be able to help with your matter and get the best result for your case.
Tax dispute lawyers for ATO penalties
The Australian tax laws authorise the ATO to impose administrative penalties on taxpayers in the following circumstances:
- making a false or misleading statement to the ATO
- taking a position that is not reasonably arguable
- failing to lodge a tax return or tax statement on time
- failing to withhold amounts as required under the PAYG withholding system
- failing to meet other tax obligations under the Australian taxation laws
- failing to meet superannuation obligations under the Australian superannuation laws
If you have received a penalty notice from the ATO, you should get legal advice from an experienced tax lawyer on whether the penalty can be challenged or reduced.
Tax dispute lawyers for ATO interest charges
If you are late in paying your tax debt to the ATO, you will need to pay interest to the ATO for late payment. The ATO’s interest rate is very high and it increases very quickly because it is compounded daily.
If you are unable to pay your tax debt to the ATO in full by the required deadline, you should get legal advice from an experienced tax lawyer on the best way to minimise your interest charges with the ATO.
If you have already received a large tax bill from the ATO with significant interest charges (e.g. after an ATO audit), you should get legal advice from a tax dispute lawyer on whether the interest charges can be reduced.
Tax dispute lawyers for ATO negotiations and settlements
If you have a tax dispute with the ATO, it would be best for you to engage an experienced tax lawyer who knows the Australian tax laws and understands how the ATO thinks and operates. It would be even better for you if you can find an Australian tax lawyer who has previously worked within the ATO and knows the ATO’s internal procedures and policies.
The ATO’s overall approach to dispute management is based on:
- effective communication
- genuine engagement
- strategies that are fair and proportionate to the matters in dispute
- strategies that lead to the early resolution of the tax dispute at minimal cost
To achieve the best possible outcome for your case, the tax lawyer that you engage for your matter needs to fully understand the ATO’s dispute management policies and processes.
Legal advice from experienced tax lawyers in Australia
This content of this article is offered as general information only and should not be relied on as specific legal advice.
To get legal advice from King Lawyers on your specific circumstances, please contact us to arrange an initial consultation with our expert tax lawyers.