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Resolving tax disputes paper


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 is a barrister who has represented clients in the administrative tribunals and superior courts in revenue and taxation matters for over 18 years. Michael is a Professional Associate of the Monash University Law School, where he lectures in income tax. He is regularly published including as a reporter for the Commonwealth Law Reports, and as an author for the Laws of Australia. He has been active on TIA committees for many years and presently with Victorian State Taxes sub-committee.
Current at 4 September 2007 Current at 13 September 2007 Click here to expand/collapse more articles by Michael BEARMAN.


This was presented at 51st Victorian State Convention .

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Individual sessions

Resolving tax disputes

Author(s):  Michael BEARMAN

Materials from this session:

Transfer pricing: The ATO perspective

Author(s):  Michael JENKINS

Materials from this session:

Family trusts and the family court

Author(s):  Geoffrey DICKSON

Materials from this session:

The new Part IVA - Clarification or extension?

Author(s):  Simon STEWARD

Materials from this session:

Cases review

Author(s):  Jerome TSE

Materials from this session:

The new transfer pricing rule

Author(s):  Michael SELTH

Materials from this session:

Reportable tax positions

Author(s):  Judy MORRIS

Materials from this session:

Further details about this event:


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