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.
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
Current at 4 September 2007
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