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25 May 12 NTLG Dispute Resolution Sub-Committee meeting

On Monday 14 May 2012, Gina Lazanas FTIA (Balazs Lazanas & Welch LLP) and Dr Niv Tadmore FTIA (Clayton Utz),  represented The Tax Institute at the NTLG Dispute Resolution Sub-committee meeting. The topics discussed included:

  • what is being done by the ATO to ensure that an Alternative Dispute Resolution (ADR) culture is adopted and understood at all levels within the ATO;
  • the ATO’s position with respect to ADR for a dispute that involves the correctness of an ATO ruling;
  • the ATO’s position with respect to taxpayers that commence tax litigation but cannot pursue their litigation because of the ATO’s debt recovery actions;
  • the processes adopted by the ATO for the handling of client legal privilege claims;
  • the ATO’s behaviours with respect to taxpayers that are categorized as high wealth individuals and/or in the small and medium enterprises sector; and
  • the ATO’s recent publication “Your case matters 2012” which provides an overview of tax and superannuation litigation trends for the period 1 July 2007 to 29 February 2012.

The ATO also informed the meeting that it has postponed the issue of its draft Dispute Management Plan until the report by the Inspector-General of Taxation on the ATO’s use of early and alternative dispute resolution is released.

Members who seek additional information in relation to the above are encouraged to email us at Tax Policy