Tax dispute settlement and resolution.
Experience that puts you in control at the negotiating table.
Many tax disputes are resolved by agreement with the ATO, at any stage. We interrogate the ATO’s position, set a clear strategy and negotiate each issue in pursuit of the best possible outcome for you.
The scope of our work
A firm position, held steady through every stage of settlement.
Settlement can be pursued at any stage of a tax dispute, from audit and objection through to proceedings in the Administrative Review Tribunal or the Federal Court. We set a clear strategy from the outset and hold your position with steady and unwavering conviction through to a signed settlement.
- 01Position assessment.We interrogate the issues in dispute, the evidence and the ATO’s reasoning, and rigorously assess the litigation risk on each side.
- 02Settlement strategy.We advise whether to pursue settlement and when, and set a clear strategy for the negotiation and the process best suited to your matter.
- 03Direct negotiation.We present your settlement position to the ATO with clarity and conviction, hold firm under pressure and negotiate each issue in dispute with persistence, pursuing the best result available to you.
- 04Mediation and conciliation.We request mediation or conciliation where it will advance the matter, including when discussions have stalled, and represent you with composure and firmness throughout, holding your position as negotiations intensify.
- 05Settlement alongside litigation.Once proceedings are underway, settlement forms part of your litigation strategy. We assess when and how an approach to the ATO will be most effective, while your case is prepared for hearing with full rigour, giving your settlement position real weight.
- 06Settlement terms.We negotiate and document terms covering each issue, the treatment of future years, payment arrangements and the withdrawal of objections and appeals, and advise you on the effect of the settlement before you sign.
Our approach
Know when to settle and on what terms.
Settlement is a strategic decision. We advise you whether settlement is the right course for your dispute and, if it is, set the strategy for when and how to approach the ATO. Drawing on a thorough understanding of how the ATO assesses and approves settlements, we negotiate firmly and with conviction to pursue the most favourable terms available to you.
We hold your position steadily through every discussion. If settlement is not the right course, the work already done carries straight through to the next stage of your dispute.
We are experienced in tax disputes at every stage, from audit through to the courts. We work with you and your accountant from the first approach to the ATO through to a signed settlement.
About the firm
A practice dedicated to tax disputes.
Wolfe Kershaw Law is a national tax disputes and litigation practice based in Brisbane. We act for individuals, businesses, private groups and their advisers in disputes with the ATO, from the first request for information through to appeals in the Tribunal and Federal Courts.
We bring an in-depth understanding of how the ATO approaches a dispute at every stage, and experience in matters of every scale, from individuals and family groups to large business and multinationals. That experience shapes how we set strategy, test the ATO’s position and prepare each case.
In settlement, that means a firm position, held steady through every stage of negotiation.
Before you book
Questions about settling a tax dispute.
01Can every tax dispute be settled?
Not every dispute can be settled. The ATO generally will not settle where there is a contentious point of law that needs clarification, where it is in the public interest to litigate or where it considers a clear message needs to be sent to the community. Where settlement is available, we advise you whether it is the right course and when to pursue it.
02Is mediation the same as negotiation?
No. Negotiation takes place directly between you and the ATO. Mediation and conciliation bring in an independent practitioner to assist the discussions, and can be requested when direct negotiation has stalled. Both are confidential and without prejudice. We advise you on the process best suited to your matter and represent you throughout.
03Should I settle or continue the dispute?
That depends on the strength of your position, the litigation risk on each side and the cost of continuing the dispute. We give you a clear assessment of each so you can decide with confidence. If you choose to settle, we set the strategy and negotiate the terms.
04What does a settlement cover?
A settlement is recorded in a written agreement or deed. It usually covers each issue in dispute, how future years will be treated, any payment arrangement and the withdrawal of objections and appeals. You will generally agree not to object to the assessments that give effect to it. We advise you on the effect of every term before you sign.
05What should I have ready for the initial call?
Please have the ATO’s correspondence, any position paper, assessment or objection decision and the dates involved.
Work together
Discuss settling your dispute.
Booking a call does not create a solicitor and client relationship. Each booking is reviewed before the call, and we may contact you to reschedule or redirect it if the matter falls outside the practice or raises a conflict.
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