Last revision: 20/02/2023
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This letter may be sent to the Australian Taxation Office (ATO) to ask for a penalty to be waived (ie. to request remission of the penalty).
It is a basic letter containing the sender's (ie. the tax payer's) relevant details, as well as any details of the penalty that has been imposed by the ATO. The sender can provide a description of the penalty, and the reason it was imposed. They can also explain their own circumstances and the reasons they think it would be fair and reasonable for the penalty to be waived.
The letter helps the sender to present a professional, polite but compelling argument to the ATO about the penalty, and can help improve the chances that the penalty will be remitted.
How to use this document
To prepare this document, fill out all of the relevant information for the sender including full name and contact details. The sender of this letter cab be both individual and corporate taxpayer. Add their tax file number where prompted, as well as any relevant ATO reference number.
In the relevant section, add a clear explanation of the penalty including the date it was imposed and the reason it was imposed. Then where prompted, explain why it would be fair and reasonable for the penalty to be remitted. For example, if the sender has been experiencing financial difficulty, explain why this has occurred.
Once the letter has been completed, it can be printed and signed by the sender, and sent to the ATO.
If the sender needs any further information about the ATO's requirements, the ATO's website contains a lot of useful information.
Australia has the Income Tax Assessment Act 1936 (Commonwealth) and the Income Tax Assessment Act 1997 (Commonwealth), both of which apply to income tax matters in Australia.
The A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) applies to goods and services tax matters in Australia.
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Other names for the document: Letter to ATO to Request Remission of a Penalty, Letter to Australian Taxation Office to Request Remission of Penalty, Letter to Australian Tax Office to Request Remission of Penalty, Letter to Request Remission of a Penalty from ATO, Letter to ATO to Request Remission of a tax Penalty