Hurdles anyone? Setting aside judgments in the Commissioner's favour
Source: Taxation In Australia Journal Article
Published Date: 1 Jul 2016
Taxpayers are often embroiled in disputes with the Commissioner, which involve proving that their assessments are excessive. It is not uncommon for the Commissioner to apply for judgment during the course of these disputes. Even if the taxpayers are successful in proving that their assessments are excessive, they are faced with having the judgment against them set aside.
This article canvasses the issues which can arise when one or both parties attempt to set aside a judgment which has been entered in favour of the Commissioner in relation to a tax debt that is due and payable pursuant to s 255-5 of Sch 1 to the Taxation Administration Act 1953 (Cth) and s 5-5 of the Income Tax Assessment Act 1997 (Cth). The issues identified in this article relate to judgments entered in the Supreme Court of NSW and the Federal Court of Australia and are based on the experiences of the author.
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- Published By: Sarah Woodland
- Published On:1 Jul 2016
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