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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44898
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I need to draft a letter remission of interest and penalty

Customer Question

I need to draft a letter for the remission of interest and penalty charges. my partner has undergone surgery for carpul tunnel on both hands and depression since the passing of his mother.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Has the tax been paid in full?

Customer: replied 2 years ago.
No it hasn't I am just trying to reduce debt by asking to have interest and penalties removed
Expert:  Leon replied 2 years ago.

Good Afternoon

You can write to them and set out why the tax has not been paid and that you wish to remit the penalties but in most cases they only do it when the tax is all paid.

You should put together his medical evidence such as a doctors report and also the financials.

If you are able to make a payment in a lump sum make sure that you offer it as part of the deal. You have to show them that there is an attempt to pay and it is all in good faith.

You should also consider seeking to pay by instalments.

The ATO is lenient but you have to show them that you are able to pay and be making the payments

If no payments are being made they usually shut the door on applications to reduce penalties and interest.
I would suggest you fist start making payments to them and if possible enter into arrangements, and once you have done this then you can make the application after you have started making the payments.

So if you have not made any payments and the debt is the same, I would suggest you delay the request for remission until some payments are made and they are regular and they see you have been making an effort. Then they will consider removing the penalties

I hope this makes sense?