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Q&A: Tricks and traps when settling disputes


It is no surprise to anyone that Australians are becoming more litigious. As trusted advisers to clients of various shapes and forms, all of us have or will need to deal with the taxation aspects arising from out-of-court settlement sums paid and received by our clients. This includes income tax issues as well as goods and services tax issues and, of course, it's never as easy as it should be.

Author profiles

Michael Parker CTA
Photo of author, Michael PARKER Michael Parker, CTA, is a Partner in the Taxation section of Hall & Wilcox Lawyers. His practice focuses on tax disputes, domestic income tax issues, including CGT and Div 7A, business sales, acquisitions and restructures and GST. Michael has extensive experience handling a broad range of taxpayer disputes, including disputes concerning the small business CGT concessions, having acted for the taxpayers in White v FCT [2009] FCA 880, White v FCT [2012] FCA 109 and Altnot v FCT [2013] AATA 140, among other cases. Michael regularly consults to the Board of Taxation and Treasury, including in respect of Div 7A, small business impediments and the small business CGT concessions. He is a regular presenter for The Tax Institute. - Current at 31 October 2019
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Jerome Tse CTA
Photo of author, Jerome TSE Jerome is a Partner at King & Wood Mallesons, specialising in taxation disputes and litigation. Jerome advises corporate taxpayers on all aspects of Australian tax disputes from the audit and independent review stage through to High Court litigation. He also guides clients through alternative dispute resolution processes, advance pricing agreements and mutual agreement procedures. - Current at 03 December 2020
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