Published on 01 Apr 15
by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
The Commissioner of Taxation has broad powers of recovery of taxation liabilities, quite apart from the assessment, review and appeal process. Enforcement action by the Commissioner often presents issues of solvency of the taxpayer. In cases where the taxpayer wishes to dispute the tax assessed, a basic concern is to ensure that the opportunity to do so is not lost because of enforcement action. A taxpayer has options available to maintain a challenge to an underlying tax assessment, but careful consideration should be given to the approach taken, particularly as timing constraints are involved. Four topics within the overall framework of recovery that commonly give rise to questions of solvency are windings-up, stays, deferrals of time for payment, and garnishee notices.
This article explains the legal framework for each topic and discusses some practical issues that need to be managed in order to maximise the taxpayer’s chances of being able to argue the substantive tax dispute.
Click here to expand/collapse more articles by Nishad Kulkarni.