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Reducing penalties and reasonably arguable position presentation

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 presentation 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:

Author Photo - Arthur Athanasiou CTA
Arthur Athanasiou CTA
Arthur, a partner at Thomson Geer Lawyers, has many years experience in complex tax litigation and tax audit negotiations and settlements. Arthur’s main area of practice is taxation advisory, with an emphasis on dispute resolution, particularly in the SME sector, with both the ATO and the SRO. 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 extensive experience in all areas of direct and indirect taxation and has qualified as a Chartered Accountant. He has also held senior taxation and management positions in the transport and motor vehicle industries, with specialist experience in logistics, supply chain, chain of responsibility and contract warehousing. Arthur is the President of The Tax Institute as well as a State Councillor, and also chairs the Law Institute’s Tax Law Advisory Committee. 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. Arthur has been recognised in Doyle’s Guide 2015 as a recommended tax lawyer in Victoria. Current at 18 August 2016 Click here to expand/collapse more articles by Arthur ATHANASIOU.
 

This was presented at 2012 Tasmanian State Convention.

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