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Win Tax Disputes
Problem 1: Objections
If you’ve had a tax return or ruling go against you, then your first option is usually to appeal via an objection.
Solution
Professional management.
Outcome
An objection result with less chance of later having go to the Tribunal.
Read Key Points & Transcript
Objections
video key points
- Tax compliance can become complex, particularly when facing adverse tax returns, assessments, or rulings, highlighting the importance of understanding your options, such as filing an objection.
- The objection process serves as a critical review mechanism against potential ATO errors, especially concerning the period of amendment, where the ATO may not always be correct in amending tax returns outside the designated review period.
- Successfully navigating objections requires prompt action, given the strict timelines which vary from 60 days to up to four years, underscoring the urgency in responding to disputable ATO decisions.
- Lodging an objection demands a detailed presentation of facts, circumstances, and pertinent legislation and case law, pointing towards the complexity of achieving a favourable outcome.
- Seeking professional advice for lodging objections can be pivotal to resolving these issues efficiently and avoiding the escalation to more stressful and costly tribunals, with an emphasis on the potential public exposure of cases.
Presented by: George Trundle
video transcript
Every once in a while, the world of compliance may get more tedious. One of those situations is where a tax return, assessment or ruling goes against you. In these situations, your first available option is usually an objection.
You need to consider: is the ATO right or wrong? They’re not always correct and that’s why the objection process is made available.
A somewhat common area where we’ve seen objections being necessary is in regard to the period of amendment.
The tax legislation includes a period of review wherein the ATO and you have the right, and obligation, to amend a tax return within a specified time period. Where that time period has expired, ordinarily, neither you or the ATO can amend the return.
In several occasions, we’ve seen people subject to amended tax returns which have been processed by the ATO outside of the period of review. In other words, tax assessments handed to clients when tax legislation has not permitted the ATO to do so. In these scenarios, we have supported clients with objections and successfully had the tax assessments reversed.
It’s important to note that objections must be filed within a designated period, and this varies depending on the situations. It’s generally about 60 days – which isn’t long – but sometimes up to four years.
So, if you need to object, acting promptly is the advice.
In the formal objection, we need to set out the facts and circumstances. We also importantly need to reference applicable legislation and supporting cases.
You could lodge an objection yourself, or get professional help.
The objective is to win the objection and have the matter finalised then and there.
A key reason to obtain professional help is to achieve this objective. A failure at the objection stage either means you have to accept the unfavourable outcome, or take the matter to the Tribunal. You’d rather not end up there, because in addition to extra stress and financial costs, your case can enter the public domain
So, as is always the case for Munro’s clients. We are here to help with objections when needed. But ultimately, we’re going to do everything we can to avoid that situation in the first place.
Problem 2: Reviews & Audits
ATO reviews, including high wealth reviews and audits, don’t have to be an overwhelmingly painful experience or tragic outcome.
Solution
A strategic approach.
Outcome
A relatively painless experience.
Read Key Points & Transcript
Reviews & Audits
video key points
- In our experience, very few Munro’s clients have to deal with ATO reviews or audits.
- A segment of clients, identified by the ATO as “high net wealth”, routinely get captured by ATO reviews.
- Occasional reviews can arise from specific ATO data matching or other analysis efforts.
- Should you experience a review or audit, adopting a strategic approach is crucial for navigating reviews or audits smoothly and effectively.
- For guidance on managing reviews or audits strategically, please get in touch.
Presented by: Tanya Kamonphuangphan
video transcript
Some of us may never experience a review or audit, whereas some of us may get reviewed on a regular basis.
For the most part, Munro’s clients are in the former, they never experience a review or audit.
Some clients are classified as “high net wealth”, which means they are subject to an ATO review programme. Then there are some who are reviewed only in rare, one-off instances, typically associated with an ATO data matching or analysis initiative.
Whatever the case may be, we’re convinced a strategic approach to handling reviews and audits is the best way to make it as painless and successful as possible.
We can’t outline what that strategic approach is, for obvious reasons; just let you know it exists and is an option.
So, if you’re ever in the situation of a review or audit, we’re confident you’ll be pleased to be with us.
Problem 3: Winning at the Tribunal
In the rare occasion your tax dispute needs to go to the Administrative Appeals Tribunal, your goal will be to have a successful win as soon as possible via a settlement.
Solution
An experienced winning team.
Outcome
Winning settlements.
Read Key Points & Transcript
Winning at the Tribunal
video key points
- In rare instances, objections, reviews, or audits may conclude unfavorably.
- The Tribunal, distinct from the ATO, offers a platform for resolution, involving both the taxpayer and the ATO.
- Initial efforts focus on resolving disputes through mediation to avoid a hearing.
- Successful mediation culminates in a Deed of Settlement, concluding the Tribunal process.
- Should mediation fail, the matter advances to a Tribunal hearing for an independent ruling.
- At the time of recording this video, Munro’s has a 100% success rate with matters involving the Tribunal.
- If you need a winning team by your side, please feel free to let us know. We’re here to help.
Presented by: Carl Hansen
video transcript
It should rarely come to this – you have an objection, review or audit which ends against you but in our professional opinion is wrong. In the extremely limited cases where this happens, our option is to go to the Tribunal.
The Tribunal is an independent body to the ATO. It brings together the ATO, and us, to firstly see if we can resolve the matter through mediation.
Successful mediation results in a Deed of Settlement and finalisation of the Tribunal process before getting to a hearing. Otherwise, the matter goes before a hearing for the independent Tribunal to make a ruling.
At the time of recording this video, Munro’s has a 100% success rate with matters involving the Tribunal.
We’re not at liberty to disclose more, due to confidential Deeds of Settlement.
If you need a winning team by your side, please feel free to let us know. We’re here to help.
Tell us about your problem and we’ll respond within 1 business day.
- Call Us 1800 818 924
- Email Us ExperienceSuccess@munros.com.au
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