Dealing with the ATO in Negotiating Settlements of Tax-Related Liabilities

Business client groups are increasingly subject to ATO adjustments of their tax-related liabilities from the ATO Private Wealth programs. How can you best position your clients to be successful in negotiating settlements with the ATO?

The ATO has been funded by Government to increase scrutiny for small business and private group debts, which has resulted in increased review and audit activities by the ATO.

This has highlighted the importance of tax advisors effectively negotiating with the ATO to try to reach settlements where there is a ‘genuine dispute’ over those liabilities, in line with the law, policy and decided case laws.

The session will look at:

• Context for the increased scrutiny of small business and private group taxpayers and the current ‘harder-edged’ debt collection programs targeting them
• Role of settlements in managing disputes regarding resulting tax-related and superannuation liabilities
• ‘Good management’ rule – PLSLA 2015/1 – Code of Settlement Practice
• Settlement of debt-related litigation proceedings – PSLA 2011/7
• Widely-Based Settlements – PSLA 2007/6
• Internal Facilitation and Independent Review – Channels to assist
• Relevant case law as practical examples of how these powers are applied in real-life – emphasising differences from ‘commercial’ contexts
• Suggested approaches to optimise the prospects of success in negotiating settlements of tax-related liabilities for ‘genuine disputes’ through better engagement with the ATO and types of arguments most likely to positively influence decision-making.

Learning Outcomes:

Participants will gain an improved understanding of:

• the ATO’s current small business and private wealth review, audit, litigation and debt collection strategies
• ATO statutory power to accept ‘settlements’ of tax-related liabilities
• ATO administrative approaches to applying that power in practice, cf ‘commercial’ settlements
• Case law about how this power works in practice
• Some strategies to optimise the prospects of success in negotiating such settlements and arguments that are more likely to be persuasive in doing so

Suited to:

Accountants, tax practitioners, BAS agents, lawyers and other practitioners serving small businesses, private groups and wealthy individuals. 

This On Demand Includes: 

• Recording of the Live Webinar, which can be viewed multiple times
• PowerPoint Presentation
• Verbatim Transcript, with Searchability
• Supporting Documentation
• CPD Quiz
• CPD Certificate