Tax Dispute Lawyers Brisbane
Tax Disputes with the ATO. Handled Strategically.
When the ATO comes for your money or your business, the response matters. Every step counts.
Boyle Litigation acts for businesses, directors, and high net worth individuals facing ATO audits, tax debt disputes, objections, and enforcement. We cut through the complexity and move fast.
The ATO Has Significant Powers. You Need the Right Advice.
The Australian Taxation Office is one of the most powerful creditors in the country. It can issue garnishee notices, wind up companies, bankrupt individuals, and pursue directors personally for company tax debts. Left unchallenged, ATO action can destroy a business or wipe out personal assets built over decades.
Speed and strategy matter. Waiting too long to get proper legal advice narrows your options. Acting early gives you leverage. Boyle Litigation provides clear, commercial advice at every stage of a tax dispute. Whether you are facing an ATO audit, a disputed assessment, mounting tax debt, or enforcement action, we assess your position, identify your options, and execute a clear plan.
What We Handle
Boyle Litigation acts in taxation disputes and regulatory matters including:
ATO Audits and Investigations
- Responding to ATO position papers and draft assessments
- Advising on information-gathering notices and access to records
- Protecting privilege and managing disclosure risk
Disputed Tax Assessments
- Lodging formal objections to ATO assessments
- Appealing ATO objection decisions to the Administrative Review Tribunal (ART) or Federal Court
- Income tax disputes, GST disputes, capital gains disputes, and payroll tax disputes
- Penalty remission applications and interest reduction requests
Tax Debt and Enforcement
- Negotiating ATO payment plans and instalment arrangements
- Responding to director penalty notices (DPNs) and defending director liability
- Challenging ATO garnishee notices
- Defending winding-up applications and bankruptcy petitions issued by the ATO
- PAYG withholding and superannuation guarantee charge disputes
Regulatory and Administrative Disputes
- ASIC referrals and ATO-related regulatory investigations
- Administrative appeals and judicial review of ATO decisions
- Tax-related professional negligence claims
Who We Act For
Boyle Litigation acts for clients with something real at stake:
- Business owners and directors facing audit, assessment, or personal liability
- High net worth individuals disputing significant tax assessments or debt
- Companies in financial difficulty managing ATO enforcement and insolvency risk
- Insolvency practitioners dealing with tax-related claims in administrations and liquidations
- Accountants and advisers whose clients need specialist dispute representation
Why Boyle Litigation
Litigation is all we do.
We are a specialist commercial litigation firm. We do not do conveyancing, wills, or general advisory work. Every matter we take on is a dispute. That focus means you get a litigator’s mindset from day one: evidence, leverage, timing, and the next move.
QLS Accredited Specialist.
Our Managing Partner and Director is a Queensland Law Society Accredited Specialist in Commercial Litigation. Accredited Specialist status is awarded to fewer than five percent of Queensland lawyers and requires demonstrated expertise, peer assessment, and ongoing specialist education.
Strategic. Not reactive.
Tax disputes are won and lost long before the tribunal hearing. We identify the strongest ground for challenge early, control the information you provide, and build the most defensible position. We do not just respond to the ATO. We drive the process.
Discreet by default.
ATO disputes are sensitive. Reputations and business relationships are often at risk. We handle every matter with the discretion and professionalism our clients expect.
How We Work
Step 1: Confidential Consult
Step 1: Confidential Consult We assess your position, the ATO’s likely approach, and the key risks. You leave with a clear picture of where you stand.
Step 2: Strategy
Step 2: Strategy We map the dispute, identify the objection or appeal pathway, and advise on the commercial trade-offs. No unnecessary steps.
Step 3: Engagement
Step 3: Engagement We engage with the ATO on your behalf. All communications are managed to protect your position and avoid inadvertent admissions.
Step 4: Resolution or Advocacy
We negotiate hard for the best commercial outcome. If the matter requires litigation or tribunal proceedings, we are ready to run it.
Frequently Asked Questions
Can I dispute an ATO tax assessment?
Yes. If you disagree with an ATO assessment, you can lodge a formal objection. You generally have 60 days from the date of the notice to object (or 4 years in some circumstances). If the ATO disallows your objection, you can appeal the decision to the Administrative Review Tribunal or the Federal Court. Time limits are strict. Getting advice early is critical.
What happens if I ignore ATO debt?
Ignoring ATO debt is one of the worst strategies available. The ATO charges general interest charge (GIC) on unpaid amounts, which compounds daily. Beyond interest, the ATO can issue garnishee notices to your bank or clients, apply for winding-up orders against your company, or petition for your personal bankruptcy. Directors can also face personal liability through director penalty notices (DPNs) for company tax debts including PAYG withholding and superannuation. Early engagement is almost always better than avoidance.
What is a director penalty notice (DPN)?
A director penalty notice is a formal notice from the ATO that makes a director personally liable for certain unpaid company tax debts, including PAYG withholding, GST, and superannuation guarantee charge. There are two types of DPN: one that allows 21 days to remit the liability or appoint an administrator or liquidator, and a locked-down DPN where those options are unavailable. Responding correctly and promptly is essential. If you have received a DPN, seek legal advice immediately.
Can the ATO wind up my company?
Yes. The ATO is one of the most active parties issuing winding-up applications in Australian courts. It will typically issue a statutory demand before commencing proceedings. A statutory demand gives you 21 days to pay the debt or apply to the court to have the demand set aside. Missing that window creates a presumption of insolvency and makes defending the winding-up application significantly harder. If you have received a statutory demand from the ATO, do not wait.
What is the ATO audit process?
ATO audits can range from a simple review letter requesting supporting documents to a full formal examination of your tax affairs over several years. The ATO uses data-matching, tip-offs, and random selection. During an audit, the ATO has broad powers to access documents, information, and premises. How you respond to ATO information-gathering notices, and what documents you provide, has a direct impact on the outcome. Legal privilege protects some communications from disclosure. Having a specialist adviser managing the process reduces risk significantly.
How long does a tax dispute take?
It depends on the complexity and the pathway. A straightforward objection may resolve in three to six months. A matter that proceeds to the Administrative Review Tribunal can take twelve to twenty-four months or more. Federal Court proceedings take longer still. However, many ATO disputes settle before a full hearing, particularly where the legal and factual position has been clearly articulated. Our focus is always on achieving the best outcome as efficiently as possible.
What is the difference between a tax objection and a tax appeal?
An objection is the first formal step in disputing an ATO assessment. You lodge it with the ATO and the ATO decides whether to allow or disallow it. If the objection is disallowed (in full or in part), you can then appeal that decision to the Administrative Review Tribunal (ART) or the Federal Court of Australia. The appeal is a fresh hearing of the dispute. The choice of forum depends on the amount, complexity, and the specific issues in dispute.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.