Tax Debt Dispute Lawyers
The constantly evolving and intricate tax laws can present an ongoing challenge for compliance. However, having a reliable and proficient team of tax dispute lawyers can significantly impact the outcome.
Don't Face Tax Debt Disputes Alone
Queensland Litigation & Dispute Lawyers
What are ATO Tax Debts?
ATO tax debts are the taxes you owe to the Australian Taxation Office (ATO). These debts can arise when you fail to pay your tax liabilities on time, or if the ATO determines that you have underpaid your taxes. ATO tax debt is a serious matter and should not be taken lightly. If left unresolved, it can lead to serious financial consequences such as fines and interest charges, garnishment of wages or bank accounts, or even legal action.
Our experienced tax debt dispute lawyers can help you resolve any outstanding tax debt issues with the ATO and protect your rights. We can negotiate on your behalf with the ATO to reduce any fines and interest charges associated with your debt, as well as work out a payment plan that meets both parties’ needs.
Thorough Understanding of the Australian Taxation Office
At Stonegate Legal, we have a thorough understanding of the Australian Taxation Office and its policies. We are well-versed in the laws and regulations that govern tax debt disputes and will fight hard to ensure that you get a fair and equitable resolution. Our team of tax lawyers are highly experienced in this field, having worked with numerous clients to resolve their ATO tax debt issues. We understand how stressful it can be to deal with the ATO, so we will work diligently on your behalf to protect your rights and get the best outcome for you.
Trusted Legal Advise for Tax Debt Disputes
We understand that tax debt disputes can be a daunting and overwhelming experience. Our team of experienced tax dispute lawyers are here to provide you with the legal advice and representation you need to resolve your ATO tax debt dispute efficiently and effectively. We will work with you every step of the way to ensure that your rights are protected and that you get the best possible outcome in your situation. With our reliable and proficient team of tax lawyers, we can help you significantly impact the outcome of your dispute with the ATO.
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How We Can Support You
Director Penalty Notice
ATO can issue a director penalty notice to a company's director for failure to meet PAYG, Superannuation Guarantee Charge, and GST obligations. Two types of notices: traditional and lockdown. The traditional notice gives 21 days to pay or take action, while lockdown notice makes the director instantly liable for the tax debts. Contacting a tax debt lawyer or liquidator is crucial after receiving a director penalty notice.
Garnishee Notice
ATO's garnishee notice can harm your business reputation and cause cash flow problems by involving third-party money holders. The notice can be issued to banks, employers, suppliers, and others who owe money to the tax debtor. It is crucial to seek legal advice promptly upon receiving notice.
Tax Debt Legal Proceedings
Defending tax debt legal proceedings can be difficult due to the conclusive evidence rule, which means the tax debtor may have to pay the entire amount until the dispute is resolved. Even if a notice of objection or an appeal is filed, the entire amount must still be paid. Contacting our tax debt lawyers as soon as possible after being served with the claim and statement of claim is crucial.
What Our Clients Have To Say
At our Stonegate Legal, client satisfaction is our top priority. We are proud to have served hundreds of clients who have had positive experiences working with us.
Our Team
Meet Our Tax Debt Disputes Team
Legal Practice Director / Principal Solicitor
Wayne Davis
Wayne Davis is the principal solicitor, legal practice director of the firm, and leads the litigation team. Wayne has an LLB, and GDLP and is admitted to the Supreme Court of Queensland and the High Court of Australia. Wayne is a debt recovery, defamation, litigation, and insolvency professional.
Wayne is dedicated to achieving the best possible outcomes, whether through strategic negotiation, alternative dispute resolution, or courtroom advocacy. Wayne understand that every case is unique and takes a proactive approach to ensure your rights and interests are protected at every stage of the process.
Education & Certifications
Personal Quote
Areas of Interest
Solicitor
Kirsty Walker
Kirsty has come into the legal profession later in life, having been a primary school teacher for 24 years. Her interest in the law stemmed from running a small construction company. After self-representing against debtors, she came to value the ability of the law to assist contractors in David and Goliath situations. Kirsty is admitted to the Supreme Court of Queensland and the High Court of Australia.
Education & Certifications
Personal Quote
Areas of Interest
Senior Paralegal
Stacey Harvey
Stacey has been a part of the team at Stonegate Legal since 2022 but has worked in the industry for over 20 years, having extensive knowledge of the legal processes in Australia and specializing in debt recovery claims, default judgments, enforcement action, and bankruptcy.
Stacey spent a large portion of her career as a senior paralegal responsible for the performance and management of a team of paralegals and an administration department for many years. During the first 18 years, she worked for one of Brisbane’s largest debt collection companies, where she managed large portfolios of debt for councils, schools, government departments, and insurance companies, along with debt purchased from various banks, utilities, and other credit providers.
Education & Certifications
Personal Quote
Areas of Interest
Law Graduate / Paralegal
Caterine Molini
Caterine holds a law degree and passed the bar exam in 2011, practicing as a lawyer in Brazil until 2018. She also completed a postgraduate qualification in environmental law. Caterine holds a Certificate IV and a Diploma in Leadership and Management from Australia.
With 12 years of experience in civil litigation, insurance, and building and construction, Caterine spent six years leading a team to negotiate major agreements with insurance companies. She worked closely with engineers to ensure construction projects met environmental regulations, and she advocated for clear contracts to prevent issues and avoid costly litigation.
She is excited to be working towards admission as a Solicitor in Australia.
Education & Certifications
Personal Quote
Areas of Interest
Frequently Asked Questions
A director penalty notice is a legal document issued by the ATO to a company's director for failure to meet PAYG, Superannuation Guarantee Charge, and GST obligations. It gives the director 21 days to pay or take action. The ATO can also issue a lockdown notice that makes the director instantly liable for the tax debts.
Yes, the ATO can issue a garnishee notice to banks, employers, suppliers, and others who owe money to the tax debtor. The notice can cause cashflow problems and harm your business reputation. It is important to seek legal advice promptly upon receiving a garnishee notice.
A creditor’s statutory demand is a formal request from the ATO to a tax debtor company, without needing a money judgment. The debtor then has 21 days to pay, compound the tax debt, request withdrawal, or make a court application.
If the debtor does not comply with the demand within 21 days, they may be presumed insolvent and face a winding-up application.
If you do not pay your taxes, the ATO may take legal action against you or your business. This could include issuing a director penalty notice or garnishee notice, or making a creditor's statutory demand. The ATO could also take steps to recover the debt from other sources such as your bank accounts, personal property, and wages. If you fail to comply with the ATO's demands, you may be subject to fines and prosecution. It is important to seek legal advice promptly upon receiving any notices from the ATO.
The amount of time you have to pay a tax debt depends on the type of debt. For example, the ATO may give you 21 days to respond to a director penalty notice or creditor's statutory demand. The ATO may also give you an extended time period for payment arrangements or for lodging an objection. It is important to check the specific details of your notice and contact the ATO if you need more time.
In some cases, the ATO can seize your assets to recover a tax debt. This is known as third-party debt recovery. The ATO may take control of your bank accounts, shares, and other property to cover the amount owing. They may also apply levies or liens on your property. It is important to contact the ATO as soon as possible if you receive a notice of seizure or any other legal action. You may be able to dispute the debt or arrange an alternate payment plan.
Litigation & Dispute Resolution
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