Capital Gains
12. Appeals and Objections
Last updated: 04 Jul 2015
- Since Australia operates a self-assessment system of taxation it is left to each corporate and personal taxpayer to lodge tax returns based on the current laws.
- If a review is undertaken by the ATO and any errors appear in your tax return an amended assessment is then issued showing increased tax that needs to be paid.
- If you are not satisfied with a decision by the Tax Commissioner you may object and if that objection fails you may then appeal:
- to the Administrative Appeals Tribunal (AAT); and
- if still unsuccessful to the courts.
- To make a successful objection or appeal you will definitely need a lawyer who is familiar with the procedures required to lodge such objections or appeals.
- You may also need legal representation before the ATO.
- If you are found not to have disclosed your tax position according to law you may be subject to penalties and extra tax as well as having to pay the assessed shortfall of tax.
- Having a reasonably defensible position will increase your chances of avoiding some of the penalties. A lawyer will be able to formulate the proper written arguments in support of the position that you took in your initial tax return.
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