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Reducing penalties and reasonably arguable position paper

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) practises mainly in the area of taxation advisory, with an emphasis on dispute resolution, particularly in the SME sector, with both the ATO and the SRO. Arthur has many years experience in complex tax litigation and tax audit negotiations and settlements. He also has broad experience in the taxation of trusts and SME entities, with an emphasis on Div 7A and high wealth individuals and family groups. Arthur has qualified as a Chartered Accountant and also held senior taxation and management positions in the transport and motor vehicle industries. Arthur is a former President of The Tax Institute, has chaired the Law Institute’s Tax Law Advisory Committee for a decade and now serves on the Industry Advisory Board of the IPA-Deakin University SME Research Centre. Arthur is an Accredited Tax Law Specialist and a widely published writer on taxation issues. He regularly appears in the mainstream media and presents at tax seminars and discussion groups. - Current at 21 September 2018
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This was presented at 2012 Tasmanian State Convention .

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