ATO Private Rulings – When, Why & How?
Overview
What are ATO private rulings really like? Why might you clients want to seek one? How is a private ruling application actually run through the ATO (and beyond)? Join us to discover the answers to these questions and more!
This session will cover one of the most important issues affecting taxpayers:
- Introduction to the ATO Private Ruling System/Provisions
- What sorts of matters can (or can’t) be subject to an ATO Private Ruling?
- ATO Private Ruling ‘forms’ and why they are important? [Legally binding status]
- Refusals to Rule – When can the ATO Say: ‘No’
- What can be ruled upon: issues of liability, administration, procedure, collection, exercise of Commissioner’s discretion/s and even ultimate conclusions of fact/value.
- Importance of Facts for Arrangement Ruled Upon
- Who can apply/seek a Private Ruling?
- When can a taxpayer rely on a Private Ruling?
- Timeframes – Information Requests & ‘Deemed Decisions’
- Interactions Between Public & Private Ruling Systems
- Limitations on challenging Private Rulings
- What next?/Objections, Appeals to the AAT and Reviews in the Federal Court
This session will also explore various case studies from litigation outcomes in reported Private Ruling cases to illustrate the ‘Dos’ and ‘DO NOTs’ in Private Ruling matters.
Learning Outcomes:
Participants will gain an improved understanding of:
- Which matters can be subject to an ATO Private Ruling?
- Why to seek such a Private Ruling in different types of matter?
- What will happen during a Private Ruling case?
- How to try to manage the best outcomes in a Private Ruling case?
- What to do next, if your client is unsuccessful in their Private Ruling?
Suited to:
Accountants, tax practitioners, BAS agents, lawyers and other practitioners serving small businesses, private groups and wealthy individuals.
This On Demand recording Includes:
- Recording of the Live Webinar, which can be viewed multiple times, for as long as required
- Presenters contact details for follow up questions
- CPD Quiz
- CPD Certificate
- CPD Report – Logged automatically
- PowerPoint Presentation
- Verbatim Transcript, with Searchability
- Supporting Documentation
Course syllabus
3 lessons
- Video – ATO Private Rulings – When, Why & How?Video
- Feedback Survey QuestionsSurvey
- Knowledge QuizTest
Your presenter
Bruce CollinsTax Controversy Partners
is the founder and principal solicitor at Tax Controversy Partners Pty Limited, currently helping clients to resolve all types of tax issues with the ATO and SROs. Before moving into private practice in 2017, Bruce worked for over 35 years in the Tax Office, a third of this time as a Senior Executive in what is now Client Engagement Group, covering most ATO functions. Bruce was the leader of the Technical & Case Leadership area in Private Wealth for several years prior to leaving the ATO, as well as having previously been the strategic and technical leader for many of the ATO’s law clarification and compliance risk programs. Bruce was previously involved in designing many of the systems and procedures guiding the ATO’s private ruling processes.
Bruce has an Accounting Certificate (1989), a First-Class Honours Degree in Law (1995), a Graduate Diploma in Legal Practice (1996), a Masters of Taxation (2003) and a Masters of International Taxation (2006). Bruce is a Chartered Tax Advisor with the Tax Institute, a member of the Law Society of NSW and is both a member of the Law Council of Australia and current Chair of their SME Committee.