OUR SERVICES
Tax Dispute Resolution with the ATO
Disagree with an ATO assessment? Our tax dispute resolution team prepares objections and runs ART and Federal Court appeals, building the legal case to overturn or reduce the assessment.
How do I dispute an ATO decision?
Most disputes start with a formal objection setting out the legal grounds. If it is disallowed, the matter can then go to the Administrative Review Tribunal or the Federal Court.
Reference Case: a deduction audit where objection with legal argument restored a portion of the deductions.
Why the objection matters most in an ATO dispute
The objection is the foundation of any later appeal. A well-argued objection often resolves the dispute without litigation. By contrast, a weak one narrows what you can run later.
Reference Case: a private ruling treated a client as a non resident; the objection was allowed in full and the main residence exemption applied.
What if the objection is disallowed?
You can appeal to the ART or the Federal Court. However, payment is not automatically deferred, so the strategy has to weigh cost, interest and prospects together.
Reference Case: an assessment on poker winnings, where the tax assessed after the audit was removed.
WHAT WE HANDLE
ATO disputes we act on
If the ATO has issued an assessment you believe is wrong, you have the right to dispute it. The process begins with a formal objection, and the strength of that objection often decides whether you win or lose.
We have challenged ATO assessments for individuals and businesses across income tax, capital gains, residency, penalties and superannuation. We do not simply lodge paperwork; instead, we build a legal case designed to succeed. Where both sides can agree, a negotiated settlement is often the quickest form of tax dispute resolution (ATO: settlement). Our tax dispute work is run from our Sydney office for clients across Australia.
OUR PROCESS
How our tax dispute resolution process works
Time limits for objecting range from 60 days to 4 years, depending on the decision. For example, most individuals and small businesses have 2 years to object to an income tax assessment, while a penalty assessment can carry a 60-day window (ATO: objection time limits). Check the deadline before anything else.
1. Grounds and strategy
We read the assessment and identify the grounds with the best prospects, and what the ATO will need to see.
2. Evidence gathering
We assemble the records, correspondence and third party material that support a reasonably arguable position.
3. Drafting the objection
We draft the objection with the legal argument set out in full, not a form letter with figures attached.
4. Review and appeal
We manage the ATO review and, if the objection is disallowed, take the matter to the ART or Federal Court.
FAQ
Tax dispute resolution: frequently asked questions
How do I object to an ATO assessment?
In writing, setting out specific legal grounds within the statutory time limit. We draft and lodge it for you.
What is the time limit to object?
For an income tax assessment, most individuals, small businesses and medium businesses have 2 years to object, and other taxpayers have 4 years. An amended assessment or a penalty assessment can be objected to within 60 days of the notice, or within the original time limit if that ends later. Time generally runs from the date the notice was given to you, so always check the deadline for the specific decision.
Lodging an objection does not defer the debt. The ATO may agree to defer recovery or accept a 50/50 payment arrangement for some disputed debts, but general interest charge continues to accrue on any amount that is unpaid.
What is the ART?
The Administrative Review Tribunal, which replaced the AAT in October 2024, reviews ATO decisions on their merits.
Do I need a lawyer to dispute the ATO?
For anything beyond a simple matter, legal argument and privilege make specialist representation worthwhile.
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WHO WE ARE
Why Australian Tax Experts?
Facing a tax problem with the ATO can be one of the most stressful experiences in business or personal life. Whether it is an audit notice, a penalty assessment, or undeclared overseas income, the choices you make in the first days carry the most weight.
At Australian Tax Experts, our specialist tax lawyers and tax accountants work together on every matter, combining legal rigour with precise financial analysis. We do not hand your case between departments. You get both disciplines working in your interest from day one.
Since 2010 we have defended clients against the ATO across offshore income, business audits, superannuation disputes, penalty remissions and complex capital gains tax matters.
If you have a tax concern, whether small or serious, contact us for a confidential consultation. Early engagement is the single most important step you can take.
WATCH
Related videos
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A voluntary disclosure is the formal process of telling the ATO about an error, omission or unreported income before they find it.
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A Private Binding Ruling lets you ask the ATO how it will tax an arrangement before you act, and the answer is legally binding.
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An ATO assessment is not the final word. Tax lawyer Benedict Youn walks through the objection process step by step.
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