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Resolving tax disputes paper

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 is a Barrister who has represented clients with taxation disputes in administrative tribunals and courts for over 25 years. Michael is a reporter for the Commonwealth Law Reports and an original author for Laws of Australia. He has been active on The Tax Institute committees for many years, most recently with the Victorian State Taxes Sub-committee. Current at 12 September 2012 Click here to expand/collapse more articles by Michael BEARMAN.
 

This was presented at 51st Victorian State Convention.

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Resolving tax disputes

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