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Taxation Dispute Services

The Taxation Dispute Services team at Herbert Geer brings together a unique combination of taxation, legal and accounting skills. This enables us to fully understand each of the elements inherent in a taxation dispute, and to implement a highly effective resolution process customised to each matter. As a result, the dispute resolution process is managed in a more cost-effective manner.

The Herbert Geer Taxation Dispute Services team is focused upon ensuring that the process and outcome of any dispute resolution justifies the business cost. Our team performs a cost vs benefit assessment as a matter of routine to determine the viability of each engagement, and to critically evaluate the likelihood of success. The desired outcome is then reverse engineered to determine the most suitable dispute resolution process possible, and whether it can be undertaken at a justifiable cost.

Our People

Tom May has been a Partner of Herbert Geer since 1979 and holds degrees in both Economics and Law from Monash University. He has been involved in many taxation advisory matters and landmark taxation cases.

Through his familiarity with the litigation process, Tom has been engaged in far more tax dispute matters than is traditionally the case with lawyers practising in the taxation area. He has conducted litigation in the High Court of Australia, the Federal Court of Australia, the Court of Appeal of the Supreme Court of Victoria (including before a single Judge), the County Court of Victoria, the Magistrates' Court of Victoria and the Federal and Victorian Administrative Appeals Tribunals.

Tom utilises negotiation as an integral element of his practice, as well as formal litigation within the wider framework of tax dispute resolution.

Terence Tan is a Senior Associate at Herbert Geer and is qualified as both a Legal Practitioner and a Chartered Accountant. Terence is a Fellow of the Taxation Institute of Australia and a lecturer in the Institute’s Structured Education Program. He holds degrees in both Law and Commerce (Accounting) from The University of Melbourne.

Terence is an experienced chartered accountant having practiced in a major chartered accounting firm specialising in taxation advisory. He has particular expertise in taxation planning and structuring – particularly for large private groups. Terence’s familiarity with accounting, taxation and the litigation process results in his clients benefiting from a valuable combination of skills in handling various aspects of a taxation dispute.

This unique combination of taxation, legal and accounting skills provides the Herbert Geer Taxation Dispute Services team with a comprehensive understanding of all elements inherent in any dispute and enables more effective resolution. This results in better dispute resolution planning and management, less time and lower costs for our clients.

Our Expertise

Areas of law commonly utilised by our team in the dispute resolution process include:

  • Taxation Law
  • Administrative Law
  • Legal Professional Privilege
  • Freedom of Information Legislation
  • Court Rules

Our Services

The Herbert Geer Taxation Dispute Services team offers solutions to our clients in regard to:

  • Taxation Objection preparation and lodgement
  • Tax risk assessment (eg. Pt. IVA risk)
  • ATO / SRO audit, review and questionnaire management and negotiations
  • ATO / SRO debt recovery management and negotiations
  • ATO / SRO / AFP raid management
  • ATO Part IVA panel representation
  • Federal and State Court litigation
  • Federal and State Tribunal litigation

Our Experience

  • Litigation of high profile cases including Mochkin (sharebroker using a trust), Mansfield (flight attendant work related deductions), Morris (sun protection deductions), and Village (stamp duty on film distribution)  
  • Negotiations with the ATO resulting in a 2/3 reduction in tax otherwise payable for a client operating substantially in the cash economy  
  • Settlement of an Employee Benefit Trust dispute with deductions to the employer fully allowed  
  • Litigation of the first case funded by the ATO’s test case litigation program  
  • Assisting clients subjected to a raid by the ATO and AFP on issues including Legal Professional Privilege  
  • In applying for DGR status, successfully arguing that an association of governmental entities is not itself a government entity  
  • Successfully defending against ATO winding up applications for a major property development group before the Federal Court, and negotiating suitable debt resolution processes.

For further information regarding our Taxation Dispute Service capabilities, please contact:

Partner
Tom May
Contact Tom
Phone: (03) 9641 8917

Senior Associate
Terence Tan
Contact Terence
Phone: (03) 9641 8906

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