ATO Services
ATO Audit Defence
Receiving an ATO audit notice is serious. The ATO has broad information-gathering powers and audits can result in significant additional tax, penalties, and interest. Getting legal representation early can protect your rights and significantly affect the outcome.
⚠ If you have received an ATO audit notice or information request — do not respond without legal advice. What you say and provide at this stage can significantly affect the outcome — get advice first.
Does This Sound Like You?
Common situations we help with.
You've received an ATO audit notice
The ATO has written to you advising you are under audit. You're not sure what it means, what you're required to provide, or what the consequences could be.
The ATO has set a tight deadline to respond
The ATO has requested documents or information and given you a response deadline. You want to make sure you respond correctly without accidentally conceding issues or providing more than you're required to.
You're worried about what the audit might find
You're concerned there may be errors or issues in prior returns. You want to understand your exposure before the audit progresses — and whether voluntary disclosure makes sense.
Your accountant is handling it but you want legal protection
Your accountant is the main contact with the ATO but the audit is escalating. You want a lawyer involved to protect your legal position and ensure communications are handled strategically.
The ATO wants to interview you or visit your premises
The audit has escalated to the point where the ATO wants a formal interview or to attend your business. You need to understand your rights and have a lawyer present or advising before this happens.
A prior audit ended badly and you want better representation
You or your business have been through an ATO audit before and the outcome was poor. This time you want proper legal representation from the start to protect your position throughout.
How It Works
Protect your position from the start of the audit.
Describe the type of audit and what the ATO has requested so far. A tax lawyer will advise on your obligations, manage communications with the ATO, and represent you through the audit process.
Submit Your Audit Defence RequestSubmit your request
Describe the audit notice received, the tax years and issues under review, and any response deadline the ATO has given.
Audit strategy assessed
A tax lawyer reviews the audit scope, identifies the key risks, and develops a strategy for managing the ATO's information requests.
Representation through audit
Your lawyer manages all communications with the ATO, responds to information requests, and negotiates the best possible outcome.
Act Early
What you provide in the early stages of an audit can determine the outcome — legal advice before responding is critical
All 8 States
ATO audit defence requests matched to specialist tax lawyers across every state and territory
Free
Initial consultation — understand your rights and obligations before you respond to anything the ATO has sent
Many Resolve
Many ATO audits resolve through negotiation without proceeding to a formal amended assessment — early representation helps
Before You Respond
Practical questions about ATO audits.
What should I do first when I receive an ATO audit notice? +
Do not respond to the ATO until you have taken legal advice. The way you respond to the initial notice — what you say, what you provide, and how you frame it — sets the tone and creates the evidentiary record for everything that follows. A lawyer can review the notice, assess what it is actually asking for, and advise on the best way to respond strategically.
Am I legally required to provide everything the ATO asks for? +
Not necessarily. The ATO's information-gathering powers are broad but have limits. You are not required to produce documents that don't exist, and legal professional privilege protects certain communications with your lawyer. Providing more than required can inadvertently open new issues. A lawyer can identify exactly what you are legally obliged to produce and what you can legitimately decline to provide.
Can I get more time to respond to the ATO's information request? +
Yes — in most cases the ATO will grant extensions if requested reasonably and promptly. A lawyer can contact the ATO on your behalf, request an appropriate extension, and use the additional time to prepare a well-organised, strategic response rather than a rushed one. Getting the response right matters far more than meeting the original deadline at the cost of quality.
What is legal professional privilege and how does it protect me? +
Legal professional privilege (LPP) protects confidential communications between you and your lawyer made for the purpose of obtaining legal advice or for use in litigation. The ATO cannot compel you to produce LPP-protected documents. Engaging a lawyer early in an audit — before you respond to the ATO — means your communications and strategy discussions are protected from the outset.
How long does an ATO audit typically take? +
It depends entirely on the type and scope of the audit. Simple data matching reviews may resolve in weeks. Formal desk audits typically take 2–6 months. Complex field audits involving multiple tax years and issues can run for 12 months or more. Well-organised, cooperative responses — managed by a lawyer — generally result in shorter audits and better outcomes than poorly managed ones.
What if I discover errors in my returns during the audit? +
Discovering errors during an audit is not uncommon. Whether — and how — to disclose them voluntarily is a strategic decision that depends on the nature of the errors, the scope of the audit, and the likely penalty outcome. Proactive voluntary disclosure can significantly reduce shortfall penalties, but it must be done carefully to avoid opening new areas of inquiry. Always take legal advice before disclosing anything.
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