Proactively resolving issues that may pose a tax risk
The Australian Tax Office (the ATO) is taking a more holistic approach to system health. Instead of focusing its efforts on time-consuming and costly audits, it now seeks to work with large market taxpayers to get better outcomes.
This aligns with what we're seeing in the market, where relatively few organisations have the appetite for protracted disputes and litigation. A majority of our clients are instead seeking support to proactively resolve issues that may pose a tax risk. Your key focus should be to minimise reputational and legal risks, and to limit disruption to your business, board and management.
How we can help
Allens has a long-standing reputation for having deep industry knowledge, technical excellence, outcomes-focused advocacy and credibility in front of tax authorities.
Judgment of when and how to resolve complex tax audits and disputes
Early, seemingly small decisions can disproportionately impact the ultimate outcome. Avoiding this requires multidisciplinary skills in evidence, technical tax knowledge, strategic dispute management and board/stakeholder management, and excellent judgment of when and how to resolve complex tax audits and disputes.
However you seek to resolve your matter with the ATO – whether through settlement and alternative dispute resolution, or by way of vigorously prosecuting your case – Allens' experts will act with the utmost integrity in the conduct of your dispute, yet always be conscious of maximising your position in these highly leveraged circumstances.
Preserving legal professional privilege
Not responding adequately to ATO requests and demands, handing over the wrong document, or not giving the right information, can have serious consequences for your prospects in a substantive tax dispute. Deciding what to do in such cases is often a matter of judgment and strategy, requiring Allens' care, experience and expertise to find the best way forward.
Allens' fully integrated tax and litigation teams ensure that legal professional privilege is preserved and your interests are protected by the law at all times.
Managing large-scale effort with leading litigation experience
Tax is often an issue of broader commercial sensitivity within an organisation, and we have the experience to guide you through the necessary internal and external stakeholder interactions while navigating the complex dispute process.
Our team specialises in significant international tax issues in relation to transfer pricing (particularly marketing hubs, intangibles and related-party financing), stapled structure reforms, hybrid mismatches, Part IVA (general anti-avoidance), deductibility of wages on construction of capital assets, thin capitalisation, consolidation and restructuring.