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CASE STUDIES

ATO Case Studies: Real Matters, Resolved

These ATO case studies are a sample of outcomes from our files, covering audits, objections, penalty remission and voluntary disclosures. Client names are withheld for privacy, and figures are drawn from real matters. Some were resolved through the ATO’s settlement process. Every matter turns on its own facts, so past outcomes do not guarantee a similar result.

Overseas income reassessed

The ATO assessed a new arrival on about $500,000 brought in after a foreign social-security account closed. We objected to the Commissioner’s view and had the assessment amended.

Outcome: Tax reduced to around $3,000, from close to a quarter of a million.

Penalties and interest remitted

The ATO heavily penalised a client with a long medical history for several years of unlodged returns. In response, we gathered the circumstances and put the case to the ATO.

Outcome: the ATO removed the full penalty and the general interest charges.

Voluntary disclosure, no penalty

Undeclared Hong Kong income and a business structure. We prepared a voluntary disclosure and submission to the Commissioner.

Outcome: the ATO accepted the disclosure and imposed no penalties.

Money received from overseas

$2m received from overseas triggered an ATO investigation. A prior firm had charged over $6,000 with no result.
Outcome: Resolved within two weeks using client evidence and our overseas network.

A $10m overseas matter

AUSTRAC data flagged family funds of over $10m held in the client’s name. The ATO then assessed tax and penalties nearing $5m, mortgaged property and blocked travel.

Outcome: settled at about $1m; as a result, the ATO released the mortgages and lifted the travel ban.

Cash-business audit

The ATO audited a company running six city cafes under the cash-economy taskforce and issued a $900,000 position paper on the indirect method.

Outcome: settled at $135,000, and the client put better controls in place.

Poker winnings objection

The ATO assessed online poker earnings as business income, near $200,000 in tax. We objected on whether the client was carrying on any business at all.

Outcome: the ATO removed the tax it had assessed after the audit.

Contractor vs employee audit

A business faced PAYG and super of over half a million after the ATO argued its contractors were employees.

Outcome: resolved in the taxpayer’s favour, with the ATO accepting most workers as contractors.

Superannuation penalty audit

An employer faced a 200% Part 7 penalty on late super. The ATO had already remitted half; however, the balance was still heavy.

Outcome: The ATO remitted the full penalty after our submission.

Residency and capital gains

After years overseas, a client faced CGT on a $350,000-plus home sale under a private ruling treating her as a non-resident.
Outcome: Objection allowed in full, main-residence exemption applied.

ATO audit on deductions

The ATO denied clothing and cosmetics deductions in full on audit.

Outcome: Objection with legal argument restored a portion of the deductions.
IN THEIR WORDS

What clients say about these ATO matters

Extremely pleased with all aspects of my contact and service received from this team. At all times I have found them to be very professional, astoundingly prompt, reliable and honest. Most importantly I found the work conducted for me excellent, second to none.

5/5
Income tax and CGT issues with the ATO

Although my business is small, my tax affairs with the ATO were in a mess and I felt rather embarrassed. I was treated with the utmost respect, caring and attentiveness. The mess was cleared up and resolved in a much faster timeframe than I could ever have imagined possible.

5/5
Income tax issues with the ATO

The ATO was adamant that we owed a very large sum of money that we simply did not have available. When we spoke to Australian Tax Experts we immediately felt reassured. They rectified everything with the ATO and we ended up owing a lot less than what was originally being sought.

5/5
International and investment tax queries

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