Tax lawyers for Melbourne clients

Tax Law Partners are tax lawyers for Melbourne and Victorian businesses, company directors, families and individuals in disputes with the ATO. We are based at Barangaroo in Sydney and work with Melbourne clients by phone, video and email.

Our team includes lawyers and a Chartered Accountant, with more than 25 years in Australian tax, including Big 4 experience.

Can a Sydney tax lawyer act for you in Melbourne?

Yes, for ATO matters. The Income Tax Assessment Acts and the Taxation Administration Act 1953 (TAA) apply across Australia, so a director penalty notice (DPN), garnishee notice or audit letter works the same way in Richmond as in Barangaroo.

Most disputes turn on documents you can send electronically, and Melbourne and Sydney keep the same time all year.

What can a tax lawyer do for Melbourne clients?

ATO debt, penalties and interest

• Director penalty notices. Directors can be personally liable, as a director penalty, for the company's unpaid PAYG withholding, GST or super guarantee charge, and a DPN is the ATO's notice of that penalty (TAA Sch 1 ss 269-20, 269-25). The ATO can't start proceedings to recover the penalty until the end of 21 days after it gives the notice, and the notice is treated as given when the ATO posts it or leaves it, not when you read it, and it can be sent to an address taken from ASIC's records (ss 269-25(1), (4), 269-50). Within those 21 days, the penalty is generally remitted if the company pays the debt or an administrator, small business restructuring practitioner or liquidator is appointed. An appointment does not help for amounts the company did not report to the ATO in time, which for PAYG withholding and GST usually means within 3 months after the due date (s 269-30). See director penalty notice lawyers.
• Tax debt and recovery action. We negotiate payment arrangements and act where the ATO has issued a garnishee notice to your bank or customers (Sch 1 s 260-5) or is threatening a statutory demand or bankruptcy. See tax debt lawyers.
• Interest and penalties. The Commissioner can remit general interest charge in the circumstances set out in TAA s 8AAG, and can remit administrative penalties (Sch 1 s 298-20). We prepare remission requests that address those powers. See GIC remission.

Audits, objections and appeals

• Reviews and audits. We handle information requests, test the ATO's figures and its reading of the law, and respond to position papers. See ATO audits, reviews and objections.
• Objections. For income tax assessments, the time limit is generally 2 years after the notice of assessment is given for most individuals and small and medium businesses, and 4 years for others (TAA s 14ZW(1); Income Tax Assessment Act 1936, s 170(1)). Many other ATO decisions must be objected to within 60 days after the notice of the decision is served. A late objection can be lodged with a written request for an extension of time, which the Commissioner may agree to or refuse (TAA ss 14ZW(2), 14ZX). See ATO objections.

Where is a Melbourne tax dispute heard?

If the ATO disallows all or part of your objection, you can generally apply to the Administrative Review Tribunal (ART) for review or appeal to the Federal Court (TAA s 14ZZ). Either step is due within 60 days after you are served with notice of the objection decision (ss 14ZZC, 14ZZN). The ART can extend the time to apply (Administrative Review Tribunal Act 2024, s 19), but an extension is not automatic, so treat the 60 days as the deadline. The ART replaced the AAT on 14 October 2024. See ART review and Federal Court appeals.

You generally shouldn't need to travel to Sydney. The ART must have at least one registry in each state (ART Act, s 243) and sits in places that are convenient or in the interests of justice (s 57). The Federal Court also sits in Melbourne. An ART review of an objection decision is heard in private if you ask (TAA s 14ZZE).

What about State Revenue Office Victoria matters?

Victorian land tax, payroll tax and duty are administered by the State Revenue Office Victoria under Victorian law. Its rules and thresholds differ from those in NSW, and it has its own objection process and time limits.

We advise on these case by case and will tell you at the start if your matter needs a Victorian state tax practitioner. If your business also holds land or employs staff in NSW, we act on the NSW land tax, payroll tax and duty side.

How does a first call work from Melbourne?

1. Send us the letter. Use the enquiry form and say when it arrived.
2. We check the deadline first. Some time limits run from when the ATO posted a notice, not when you opened it.
3. A video or phone call. We work out the problem and whether we can help, and tell you plainly if a fight isn't worth it. Your accountant is welcome to join.
4. A written estimate before we start. We confirm the scope and give you a written costs estimate (see our fees).

If you have an accountant in Melbourne or regional Victoria, we work alongside them, not against them, and agree who does what so you don't pay twice.

Next step

Send us the ATO letter or notice (every page), the date it arrived, the latest ATO account statement and your accountant's details if they are involved. In a first video or phone call we'll tell you how much time you have, what your options are and whether we're the right fit.