ATO Lawyers Melbourne

If you have a dispute or dealing with the Deputy Commissioner of Taxation (Australian Taxation Office) or other State Revenue Offices relating to a Taxation matter, we can provide you with legal advice in relation to your position.

Our team of tax lawyers are experienced in negotiating with the ATO and other authorities on behalf of our clients and we can provide clear and concise legal advice in relation to such matters as:

• ATO letters of demand
• Garnishee Notices
• Legal Proceedings
• Statutory Demands for Payment of Debt
• Wind Up Proceedings
• Bankruptcy Proceedings
• Remission or reduction of Tax Penalties and General Interest Charges
• Objections to Tax Decisions
• Advice on corresponding with the ATO or other authorities
• Tax Audit Support
• Self-Managed Super Fund Superannuation Disputes
• Obtain Private Rulings

Relating to such tax areas as:

• Income Tax
• GST
• Payroll Tax & Stamp Duty
• Capital Gains Tax
• Land Tax

These types of situations can obviously be quite stressful and time consuming and we are mindful of the impact these disputes can have on you and a business.

One way our tax lawyers can help you resolve the matter as soon as possible is by working with your accountant and financial advisors to streamline the process; where relevant.

We work hard on behalf of taxpayers and our considered and organised approach to taxation disputes and matters has resulted in positive outcomes such as adjustments being made in the taxpayer’s favour and/or the tax being paid in a workable time-frame.

We are knowledgeable and experienced in ATO Proceedings and negotiations and have helped many clients reduce penalties and obtain other more favourable outcomes with the ATO and State Revenue Offices. Sometimes the tax liability is abolished completely once all the facts, and the law, are presented in an organised format.

If the ATO or a State Government has issued a tax ruling against you and you require assistance speak to one of our tax lawyers who can advise you on your rights and an appropriate course of action to take.

Whether you have just been contacted by the taxation office or you have been issued with proceedings there are many options you have that can assist you with your tax dispute.

Early intervention in matters can help to make sure that a tax dispute or query is handled swiftly and correctly so you have the best outcome meaning you can get back to business sooner without the distraction and stress of an ATO dispute.

Whether you have small dispute or have been served with court documents and litigation has commenced we are experienced in handling Tax litigation matters with the ATO and other Authorities.

We have helped others resolve very difficult and challenging taxation disputes and we can help you.

To discuss your situation please either call us on 1300 907 335  or complete the contact form on this page and we will respond to you quickly.

FAQ’s

What should I do if I don’t agree with the Notice or the Penalties are too high?

Often an adverse tax assessment will include penalties. If you believe that the assessment is incorrect or that the penalties are too high contact a lawyer today to discuss.

Penalties are designed to encourage taxpayers to take reasonable care with complying with their tax obligations.

Penalties may be imposed for the following conduct:

• Making false or misleading statement or taking a position that is not reasonably arguable
• Failing to lodge a return or statement on time
• Failing to withhold amounts as required under the PAYG withholding system
• Failing to meet other tax obligations

We can assist in negotiating with the ATO and we seek to have penalties reduced where and when it is possible. Through careful and thorough procedures and advice we have helped clients received very favourable outcomes in disputes with the ATO and have their penalties reduced.

What is an ATO Garnishee Notice?

The ATO has the authority to issue Garnishee Notices to a variety of organisations that hold money on your behalf so the money is paid to them to reduce the ATO debt that you owe.

The ATO may issue a notice to the following if you are an individual:

• your employer or contractor
• banks, financial institutions and building societies where you have accounts
• people who owe money to you from the sale of real estate, such as purchasers, real estate agents and solicitors.

For businesses they may issue a garnishee notice on the following:

• Banks or other financial Institutions
• Trade Debtors
• Suppliers or Merchant Card Facilities

Considering the power the ATO has to issue these notices that effectively freeze your accounts you should ensure that you have the correct advice and you may be able to avoid such action being taken by the ATO by resolving the matter quickly.

If your Accountant has advised that this may happen speak to a lawyer to get advice quickly before you reach this stage.

If the ATO has issued a garnishee notice you have options and you should contact us today to seek advice. You will need to resolve the matter with the ATO.

What is a claim or Summons from the ATO?

If the ATO feels that you are not working with them to resolve the issue or pay your debt you may be issued with a claim or summons. If you have received a claim or Summons you have a limited timeframe to dispute or address the debt before a default judgement is made. If you do not pay your debt the ATO may issue a bankruptcy notice or otherwise take action to wind up your company. All of these actions are registered and will affect your credit rating so be sure to act and obtain advice as to what options you have.

What is a Statutory Demand?

Any creditor can issue a statutory demand to a company (not an individual) for an unpaid debt for $2,000 or more. If you have been issued a statutory demand you only have 21 days to respond.

There is a variety of actions you can take if you have been served with a Statutory Demand, but you must act swiftly to avoid your company being wound-up.

Wind-up action is that last resort for the ATO and if you have not satisfied the Statutory Demand the ATO may take action to wind-up your company as it would be considered insolvent as you could not pay your debts when they are due.

If wound-up the company would be placed in the control of a liquidator and they would consider the best course of action so that the creditors are paid their debts.

At this stage the right advice is critical and you should obtain advice from an experienced tax lawyer. Negotiations can usually still take place at this stage before your company is wound-up.

Land tax assessment

Land Tax has increased significantly over the last few years. Land Tax is calculated from a Valuation of your property. The more properties that you own the more land tax that you will pay.

If you consider the valuation to be incorrect or that your property has been devalued you may seek a new valuation from the State Revenue Office.

You may lodge an objection to the State Revenue Office directly or if you require advice to assist with this contact one of our tax lawyers today.

Some issues that we can assist with resolving:

• The Valuation being incorrect
• Interest has not been apportioned correctly
• The incorrect parcel of Land being valued or bundled incorrectly
• Issues with dimensions

Click here for more information on how the State Revenue Office determines Tax Rates: https://www.sro.vic.gov.au/valuation

Vacant Residential Land Tax Assessments

Victorian State Revenue Office have introduced the Vacant Residential Land Tax in January 2018. If you have received an assessment that you believe is incorrect contact one of our tax lawyers today to discuss your matter.

Click here for more information on the Vacant Residential Land Tax : https://www.sro.vic.gov.au/vacant-residential-land-tax