ATO Services
GST Disputes
GST disputes with the ATO — over input tax credits, the GST treatment of transactions, or assessments claiming GST is owed — can have significant financial consequences for businesses. A tax lawyer can review the ATO's position and advise on whether it is correct.
⚠ GST assessments carry a 60-day objection period from the date of assessment. Missing this deadline can forfeit your right to challenge — act now.
Does This Sound Like You?
Common situations we help with.
The ATO has denied your input tax credit claims
The ATO has disallowed input tax credit claims — on the basis that the purchases were not for a creditable purpose, your documentation is insufficient, or the supplier was not registered. You believe the credits were legitimately claimed and want to challenge the denial.
You have a large GST liability on a property sale
The ATO has assessed GST on a property transaction you believed was exempt, GST-free, or eligible for the margin scheme. The GST treatment of property is complex and frequently disputed — the ATO's position may not be correct.
The ATO says your supply is taxable — you say it isn't
The ATO has assessed GST on a supply you treated as GST-free or input taxed — for example, in health, education, financial services, or export contexts. These characterisations turn on specific legislative provisions that a tax lawyer can help you interpret and argue.
You're under a GST compliance review or audit
The ATO is conducting a GST compliance review of your business — reviewing your BAS history, transaction records, and GST classifications. You want legal representation to manage the process, limit the scope of the review, and avoid an unfavourable assessment.
You've discovered errors in past BAS lodgements
You or your accountant have identified errors in previously lodged BAS — either over-reported or under-reported GST. You want to correct these through the proper amendment process to minimise penalties and manage any resulting liability.
The ATO says your business should have registered for GST earlier
The ATO is asserting that your business exceeded the GST registration threshold earlier than you registered, and has raised a retrospective GST assessment with penalties. You want to challenge either the threshold calculation or the penalty imposed.
How It Works
Challenge the ATO's GST position.
Describe the GST dispute and what the ATO has assessed or denied. A tax lawyer will review the position and advise on the best approach.
Submit Your RequestSubmit your request
Describe the GST issue — whether it is a denied credit, a disputed assessment, or a compliance review — and the amount involved.
Position assessed
A tax lawyer reviews the ATO's position against the relevant GST law and identifies available grounds to challenge or negotiate.
Dispute resolved
The dispute is managed through objection, negotiation, or AAT appeal — whichever pathway offers the best outcome.
60 Days
Standard window to object to a GST assessment — missing it can forfeit your right to challenge
All 8 States
GST dispute specialists matched across every Australian state and territory
Free
Initial consultation — understand whether the ATO's GST position is correct before deciding how to respond
Many Challenged
GST denials and assessments are frequently successfully challenged — the ATO's position is not always correct
Before You Respond
Practical questions about GST disputes.
What documentation do I need to support an input tax credit claim? +
To claim an input tax credit you generally need a valid tax invoice showing the supplier's ABN, a description of the supply, the GST amount, and confirmation the supply was made to you. For acquisitions under $82.50 (GST-inclusive), a simple receipt may suffice. If the ATO has denied credits for insufficient documentation, a lawyer can sometimes negotiate acceptable alternative evidence.
How far back can the ATO go to raise a GST assessment? +
For GST, the ATO generally has 4 years from the date of the BAS to amend an assessment — but this extends to unlimited if fraud or evasion is alleged. For input tax credit claims, there are also specific time limits within which credits can be claimed. If the ATO is raising assessments beyond these periods, the time limit may be a ground for challenge.
Is the going concern exemption automatic on a business sale? +
No — the going concern GST exemption requires specific conditions to be met and must be agreed between the parties in writing in the sale contract. If those conditions are not satisfied, GST applies to the sale. The ATO frequently challenges going concern exemption claims, and the case law in this area is significant.
What is the GST margin scheme and when does it apply? +
The margin scheme allows GST on a property sale to be calculated on the margin (sale price less original purchase price) rather than the full sale price — substantially reducing the GST liability. It applies to certain sales of real property but requires specific eligibility conditions, must be applied consistently, and requires agreement with the purchaser.
Can I correct a BAS without penalties if I come forward voluntarily? +
Voluntary disclosure before an ATO audit or review is a strong mitigating factor for penalty remission. Where you identify and correct an error before the ATO finds it, penalty rates are generally lower — and in some cases penalties are fully remitted. The timing and manner of disclosure matters, and legal advice beforehand can maximise the benefit.
Do I need to pay the GST assessment while I dispute it? +
Technically yes — tax must be paid even while disputed, and interest continues to accrue. However, you can request the ATO defer enforcement action during a genuine dispute, and if successful the assessment (and interest) is reversed. In practice, many clients pursue the dispute while managing the debt through a payment arrangement.
Have a question not covered here? Submit your request and a tax lawyer will be in touch.
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