Taxation Disputes

Director penalty notices are issued by the ATO against company directors personally if a company does not meet its pay as you go (PAYG) withholding, goods and services tax (GST) or super guarantee charge (SGC) obligations. The ATO will first issue a Director Penalty Notice (DPN) outlining the unpaid amounts and options available to the director to pay those amounts. Once the DPN has been issued, a director has 21 days from the date of the DPN to remit any penalties stated on the DPN. There are several defences that may be available in response to a DPN and we work with company directors to review these matters and to seek a resolution with the ATO.

We work with our client’s accountants to review decisions of the ATO with respect to Notices of Assessment provided by the ATO. Specifically, we assist clients in consultation with their accountants to review whether they may have prospects in objecting to an assessment, and if so, assisting with the preparation and lodgement of the formal objection.

We also work with our client’s financial advisors and accountants to review decisions of the ATO and OSR in relation to general tax decisions and private tax rulings dealing with special circumstances. Our team of expert taxation dispute lawyers will prepare and lodge submissions in relation to the particular application of the law to ensure that you are placed in the best position to secure a favourable outcome.

If litigation cannot be avoided, our expert team of litigation practitioners assist our clients in navigating the complex rules and processes of the Courts, providing “real-world” practical advice and representation to help them achieve remarkable results.