How do I get ATO penalties or interest remitted?
How to ask the ATO to remit penalties and interest, what “safe harbour” and fair treatment mean, and how to object if remission is refused.
Regulator
ATO objection process, then the ART; Inspector-General of Taxation for complaints
Key legislation
Taxation Administration Act 1953
Dispute path
Letter first, deadline tracked. If they go quiet, escalation to ATO objection process, then the ART; Inspector-General of Taxation for complaints is prepped and ready.
The ATO has broad discretion to remit administrative penalties, such as failure-to-lodge penalties, and interest charges, in whole or in part. A remission request is exactly that: a written request explaining why the penalty should be reduced or removed. The factors that matter are your compliance history, the circumstances that caused the lapse (illness, family crisis, natural disaster, reliance on an agent), how quickly you fixed the problem once aware, and whether penalising you serves any purpose given the circumstances.
Structure the request like a case, not an apology: a one-paragraph summary of what happened, the timeline with dates, evidence for the circumstances you rely on (medical documentation, correspondence, agent records), your compliance history before the event, and the specific remission you are asking for. First-time lapses with otherwise clean histories are routinely remitted, say explicitly that this is your first lapse if it is true. If your shortfall arose because you relied on a registered tax agent and gave them the right information on time, raise the safe harbour provisions, which can excuse certain penalties entirely.
If remission is refused or only partly granted, escalation paths exist. Penalty decisions can be objected to under the formal objection process in the Taxation Administration Act 1953, and an unfavourable objection decision can be taken to the Administrative Review Tribunal. Separately, complaints about how the ATO handled your matter, delay, process failures, unfair treatment, go to the Inspector-General of Taxation and Taxation Ombudsman. Keep paying or arrange a payment plan for undisputed primary tax while the dispute runs; the fight is about the penalty, and a payment plan protects you from further interest escalation.
Frequently asked questions
What penalties can be remitted?
Administrative penalties such as failure to lodge on time, and interest charges, can be remitted in full or in part at the ATO’s discretion. False statement penalties are harder but can be objected to.
Does a clean history really help?
Substantially. First-time lapses with good compliance histories are the most commonly remitted category, state it explicitly and ask for full remission.
What is safe harbour?
A protection where you gave a registered agent all relevant information on time and the agent’s error caused the shortfall, certain penalties then do not apply.
What if the ATO refuses remission?
You can lodge a formal objection against penalty decisions, and take an unfavourable objection decision to the Administrative Review Tribunal.
Should I pay the debt while disputing the penalty?
Deal with undisputed primary tax via payment or a payment plan to stop interest compounding, and fight the penalty separately. Hardship options exist if you cannot pay.
Where do complaints about ATO conduct go?
The Inspector-General of Taxation and Taxation Ombudsman handles complaints about ATO processes and treatment, separate from the objection path.
What if ATO just ignores my letter?
Silence is not a dead end, it is a deadline breach. ATO is expected to respond to a formal complaint within 30 days. Build your letter with us and we track that deadline for you: a countdown check-in two weeks in, and if they miss the deadline, your escalation to the issuing body's formal review process, then the relevant review tribunal arrives pre-filled and ready to lodge. Escalating is free.
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