• Using in-house facilitation to resolve a SMSF dispute

    Our facilitation service can help resolve a SMSF dispute

    In-house facilitation is a mediation process using an independent and impartial ATO facilitator to guide discussion between you and the ATO to find some middle ground.

    The service is ideal for less-complex tax and superannuation disputes, including disputes from Self-Managed Super Funds (SMSFs) and can be used at any stage from audit up to, and including, litigation.

    Resolving disputes earlier benefits both you and us, saving time and money, promoting better relationships, and providing you with certainty in managing your SMSF.

    In-house facilitation deals with the following super issues:

    • SMSF disputes
    • super audit position papers
    • objections to assessments
    • reviewing the decision to disqualify directors.

    In cases where the legislation offers no flexibility, the service facilitates discussions covering imposition or remission of penalties and general interest charge (GIC).

    How it works

    During facilitation, the ATO facilitator, who has no prior knowledge or involvement in the case, will sit down with the SMSF trustee, their representative, and the ATO case officers to:

    • identify issues
    • develop options
    • consider alternatives
    • attempt to reach a solution.

    The facilitator is professionally trained in facilitative mediation. They don’t establish facts, take sides, give advice, or decide who is right or wrong. They are a guide to the discussion and aim to keep communication open.

    All parties are expected to participate in good faith, be respectful, open and transparent, and willing to negotiate. Facilitation is confidential and any information disclosed during the session can only be used in that session, unless the disclosing party authorises release.

    Facilitation is a voluntary process. You, or your representative, can ask for facilitation, or we can offer it. You are not obliged to participate in the process if offered. Your review rights will be unaffected if facilitation doesn’t resolve the dispute.

    To find out more about in-house facilitation:

      Last modified: 30 May 2017QC 52329