Disputes resolved

Experience – disputes resolved

McCartin Advisory brings you over two decades of experience, split across the ATO and PwC. We also provide the experience of having worked in the tax function of one of Australia’s largest corporates.

As a former ATO assistant commissioner and international delegate based in Washington DC, you get unparalleled insights into tax policy development, tax interpretation and approach to tax risk reviews, audits and objections.

You also get the benefits of over a decade of experience in the resolution of disputes. Below are some examples of the types of disputes resolved over the past few years. We are confident we can help you or your client resolve the dispute and get back to focusing on your business.

Paul & Naomi McCartin at the Australian Embassy, Washington D.C. with former Australian Ambassador, the Hon Kim Beasley AC. (circa 2010)

Examples of ATO disputes resolved

  • successful resolution of numerous disputes involving the capital allowance provisions

  • successful resolution of numerous cross border financing disputes, including consideration of the general anti avoidance and transfer pricing provisions

  • successful resolution of a significant dispute involving the operation of the foreign exchange gains and losses provisions

  • successful resolution of a material dispute involving the operation of the employee versus contractor test to determine superannuation guarantee obligations

  • successful resolution of a dispute involving the deductibility of costs under the general deduction provisions

  • successful resolution of a dispute involving the deductibility of certain costs for payments to foreign entities

  • successful resolution of a GST dispute for a technology company

  • favourable resolution of a significant sale and leaseback dispute

  • act for clients involved in a transfer pricing dispute involving related party loans (the matter was ultimately litigated)

  • act for a client involved in a transfer pricing dispute involving the pricing of mobile offshore drilling unit

  • acted for a number of receivers and managers on related tax matters

  • assisted various high wealth individuals in range of disputes involving Division 7A and other tax matters relating to high wealth clients 

  • assist clients with ATO reviews of the CFC provisions

  • assisted resolve disputes involving the operation of the R&D provisions with both AusIndustry and the ATO

  • assisted clients in attendance at ATO interviews

  • negotiated various payment arrangements to assist clients manage tax liabilities

  • prepare numerous responses to ATO position papers on the above audit matters

  • prepare and successfully obtain numerous favourable private binding rulings on a range of topics

  • applications for remission of interest and penalties

  • assist responding to Director penalty notices

  • attend numerous ATO independent review and general anti avoidance rules panel hearings

  • preparation and negotiation of tax payment plans

  • preparation of Briefs to Counsel to assist resolution of audit matters and other technical issues