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Published on 17 May 12
by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
This paper provides valuable insight into how to deal with the Office of State Revenue (OSR) with respect to reviews and disputes relating to state taxes. Specific topics include:
How an accountant may manage a dispute with the OSR and how a solicitor should do so, and the necessity for both to work together
The power and scope for the Chief Commissioner to reassess state taxes
The ability to seek a review of a decision relating to state taxes
When and how to obtain declaratory relief from a court
When and how to use expert evidence
The penalty regime in the context of state taxes
Possible liability for accountants in the context of the imposition of penalties
Mediation and alternative resolution generally - including the court's powers to order such mechanisms.
David Raphael FTIA practised as a Solicitor for more than 30 years and since 1995 has been an active member of the NSW bar. He specialised, whilst a Solicitor, in revenue litigation and other revenue associated matters and was the instructing solicitor in several high profile pay-roll tax cases such as the Terry Sheilds case. He appeared as Counsel in the
Denham Constructions case. As a solicitor he was regarded as an expert in conveyancing practice and gave evidence in a number of cases on that subject. He was, whilst a solicitor, the speaker on Australian revenue law at meetings of the UIA in Quebec, Switzerland and France in various years as well as for the International Bar Association in Singapore in
1987. He lectured in advanced revenue law at the University of NSW from 1980?1986 and was visiting lecturer in conveyancing and property law and
trusts during that period. David is an editor of Hill on the Duties Act Current at 28 May 2008
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
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