Taxpayer Notice of Objection against an Australian Tax Office (ATO) Assessment/Decision: DRAFT Only

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Our automated DRAFT Taxpayer Notice of Objection against an Australian Tax Office (ATO) Assessment/Decision has been developed in collaboration with a forward-thinking specialist Australian Tax Law Barrister to include:

⚖️ Embedded Lawyer-Logic™ based on the model taxpayer objection precedents published in the current Australian Master Tax Guide.

DRAFT Only (Lawyer Review Recommended)

Due to the inherent complexity of tax law matters, combined with the lack of ability to amend or change your grounds of objection in the event that a tax law dispute escalates into tax litigation, we strongly recommend this DRAFT Taxpayer Notice of Objection be reviewed by our legal team, your tax agent or accountant, prior to lodgement with the ATO.

Minimum Requirements

An objection against an assessment must:

✅ Comply with the general guidelines stipulated in Tax Administration Act 1953 (TAA) Sch. 1 s. 388-50, that is, it must be in the form approved by the Commissioner and contain the required information and declaration.

As specific declarations are required, the objection should ideally be signed by the taxpayer personally or, in the case of a company, by its public officer.

Required Information and Declarations

Your objection must:

✅ Include full details of why you think the ATO decision is wrong;

✅ Contain a declaration that the information provided in the objection and supporting documentation is true and correct; and

✅ Be signed and dated.

To avoid delays, you should also include:

✅ Your full details – if you're representing a taxpayer objecting to a decision, the full name, contact details and tax file number (TFN) or Australian business number (ABN) of the taxpayer you are representing;

✅ Full details of the decision you are objecting to, including the relevant year or tax period (where applicable);

✅ The relevant facts, arguments, information and documents that support the reasons you disagree with our decision – this may include references to legislation, rulings, and case law;

✅ Any supporting documents and information that relates to the decision being reviewed (The ATO may still request more information to help them decide your objection) including:

1️⃣ The types of records you should keep that are relevant to the decision being reviewed; and

2️⃣ The Information for your objection that is relevant to the decision being reviewed.

Declarations

For your own objection

You must include a signed declaration with your objection, certifying that the information and documents are true and correct in the following form (ensure you sign and date it):

✅ 'I certify that the information contained in this document, and any attached documents, is true and correct'.

✅ Your signature.

✅ The date.

For someone else's objection

When lodging an objection on behalf of someone else, include the following declaration and sign it:

✅ 'I certify this document and attached documents have been prepared in accordance with the information supplied by the individual or entity identified on this request and in the attached documents'.

✅ 'I have received a declaration from the individual or entity identified in this request and in the attached documents, stating that the information provided in each document is true and correct'.

✅ 'I am authorised by the individual or entity identified in this request and in the attached documents, to submit this objection request to the Commissioner'.

✅ Your signature.

✅ The date.

You also need to obtain a signed declaration from the taxpayer (or their authorised representative) that certifies that:

1️⃣ The information they provided to you to prepare the objection is true and correct; and

2️⃣ They authorise you to submit the objection on their behalf.

You do not need to include this additional declaration with the objection – but you will need to present it if the ATO ask for it.

Where to submit your objection

You can lodge your objection by fax to 1300 139 031.

You can post your objection to:

Australian Taxation Office
PO Box 3524
ALBURY  NSW  2640

Source: ATO Website - How to object to a decision

Credits:

This legal document (incl. Embedded Lawyer-Logic™) was designed, developed + tested by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠ in collaboration with a forward-thinking specialist Australian Tax Law Barrister.

Social Media Sharing Image courtesy of The New York Public Library on Unsplash

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What are the Australian Tax Office (ATO) objection time limits?

ATO Decisions you can object to and time limits

By law you can object to tax assessments (except for the Diverted profits tax assessment) and most other decisions the ATO make, within the appropriate time limits.

You can object to most decisions about:

➲ Australian business numbers (ABNs);

➲ Cash flow boost;

➲ Excise;

➲ Fringe benefits tax (FBT);

➲ Fuel schemes;

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➲ Superannuation;

➲ Superannuation – reviewable decisions;

➲ Wine equalisation tax (WET).

Time limits

Time limits for lodging objections vary from 60 days to four years.

The time starts from the date the assessment or notice of decision was given to you.

This is generally taken to be the date the ATO's assessment, notice, ruling, demand, decision or other correspondence was delivered to you or your representative in the usual course of the post.

If the final lodgement day falls on a non-business day, your objection can be lodged on the next business day.

Extension of time to object

If you're outside the time limit, you can ask for an extension of time by including a written request with your objection.

The ATO will process a request for an extension of time, and notify you in writing of the outcome.

If the ATO accept your request, they will consider your objection.

If the ATO refuse, they will explain your right to review their decision.

See also:

➲ PS LA 2003/7 How to treat a request to lodge a late objection

Source: For detailed + current information regarding the time limit applicable to your objection please refer to ATO Website - Decisions you can object to and time limits

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.