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TAX DEBT DISPUTES

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Tax Debt Disputes

Following COVID-19, the Australian Taxation Office (ATO) had begun to crack down on tax debts, specifically small business tax. At the end of January 2024, the ATO debt reports through small business BAS comprised roughly:

  1. $8.5 billion of unpaid GST;

  2. $8.1 billion of unpaid Pay As You Go Withholding (PAYGW);

  3. $5.5 billion of unpaid Pay As You Go Instalments (PAYGI); and

  4. $1.9 billion of unpaid Superannuation Guarantee.

 

This has resulted in a significant increase in director penalty notices (DPN), garnishee notices, Court proceedings for the recovery of the debts, statutory demands and Federal Court proceedings to wind up companies.
 

Tax debts are rather difficult to defend due to the ‘conclusive evidence rule’, which essentially says that if the ATO says you owe $150,000.00, then you owe $150,000.00 and it is up to you do demonstrate that you do not.
 

Our expert tax lawyers can assist by:

  1. Disputing a debt;

  2. Defending you in Court proceedings;

  3. Disputing a statutory demand or contesting a winding up application;

  4. Negotiating a resolution of the debt, including payment plans, deferral and remission requests.

 

At Odyssey Legal, we understand the critical timeframes involved in resolving tax debts, which require prompt action. Let’s initiate a free 15-minute consultation today to discuss your situation and plan a timely resolution or avenue forward to bring you peace of mind.

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