Risk management
Our experience is that it is necessary to review tax arrangements from time to time, as often as annually. At different times, problem areas can receive greater ATO focus, e.g:
- Employee/contractors
- Small business CGT relief
- Div 7A – business to business loans – s109RB discretion to disregard deemed dividend
- HNWI audits
- 30 June trust resolutions
- GST refunds – change of purpose
- SMSF compliance
Early evaluation
Pointon Partners can:
- Assist accountants with ATO enquires e.g. answers to s264 notices
- Respond to ATO position papers
- Negotiation with ATO before amended assessments issue
Protecting rights
Pointon Partners can:
- Draft objections
- Refer disallowed objections to AAT or Court
- Negotiate payment arrangements
- Negotiate test case funding
- Restructure operations to minimize risk of outcome
- Refer matters to Ombudsman
- Make claims against ATO for maladministration
Conducting litigation
Parties are now under an obligation to attempt to resolve tax disputes earlier than they were in the past. However, to get to the negotiating table usually requires the taxpayer to have a matter filed into the AAT or the Federal Court.
That choice will be fundamental to the progress of the outcome.
Pointon Partners can:
- Advise as to choice between AAT & Court
- Deciding if, when, and which counsel to brief, or alternatively use in- house solicitor advocate
- Undertake formal or informal dispute resolution
Tax agent negligence & insurance
Pointon Partners can:
- Advise as to whether there has been negligence
- Take proceedings against tax agents
- Defend tax agents
- Help tax agents mitigate damage
Tax agent registration disputes
Pointon Partners can:
- Defend tax agents against disciplinary action, including cancelation of registration
For further information, or if you have any queries relating to this area, please contact Anthony Pointon, Robert Gordon or Laszlo Konya of our office on 03 9614 7707.