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What do I need to show to have a penalty removed?

I have received a default assessment that includes a penalty. I was not able to make a timely monthly payment due to pressing circumstances. Is there any way to have the penalty removed?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 01-11-2015
1 Lawyer Answered
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  1. Payroll
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Malvern 3144 VIC

  • Although the commissioner of state revenue has the power to remove the penalty there is no guarantee that your penalty will be removed in your case.
  • You should show that you have taken reasonable care to comply with payroll tax laws.
  • When applying to have the penalty removed you may wish to provide details of:
    • procedure manuals for tax returns;
    • accounting methods; and
    • external advice you sought in relation to your payroll tax liability.
  • Alternatively you may wish to show that the tax error happened due to circumstances that were beyond your control.
  • Not being able to pay due to financial struggle is not considered to be a circumstance out of your control. 

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