RBizz Corporate Accountants
RBizz Corporate Accountants
Accountants of Growing Businesses, Simple to Complex.

AAT to have powers to pause or modify ATO debt recovery

19/12/2022 03:52 PM

AAT to have powers to pause or modify ATO debt recovery

New legislation tabled in parliament will provide the Administrative Appeals Tribunal (AAT) with powers to pause or modify Australian Taxation Office (ATO) debt recovery actions.


Currently, if you are disputing a tax liability in the AAT, you are not relieved from paying the disputed tax to the ATO. Under the proposed law, the AAT will be able to make an order requiring the ATO to:

  • offer you a payment arrangement on the disputed debt
  • not sue you to recover an amount relating to the dispute
  • not issue a payment notice to a third party as a means of recovering the disputed debt
  • offer to accept security in relation to disputed debts, or
  • limit a garnishee order.


Eligibility


To be eligible for an AAT debt recovery order, you will need to be a small business. This is broadly defined as a business with less than $10 million in aggregated turnover.


Payment arrangements


As a registered tax agent, we can set up and manage a payment arrangement on your behalf if the disputed debt is under $100,000.

If you decide to, or are able to, make payment of the disputed amount by instalments within 12 months, you may also be eligible for interest-free terms.


"50/50 arrangements"


In some cases, the ATO may agree to enter into a "50/50 arrangement" with you and defer any further recovery action of the unpaid debt until the AAT hands down its decision.


Application date


This measure will only apply to proceedings commencing on or after the date of Royal Assent of the proposed legislation.


If you wish to speak to us futher about these developments, please do not hesitate to contact us. Please note that, when determining whether the AAT should utilise this power to delay ATO debt recovery, it will consider whether your application is a genuine dispute.

RBizz Team