Applying for a tax ruling or informal ATO opinion

Stop guessing. Get definitive answers from the ATO on your tax position.

Tax law is often ambiguous, and advisers sometimes disagree on how it applies to a particular arrangement. When the stakes are high enough, you need more than a well-reasoned opinion. A private binding ruling from the ATO gives you certainty: if you implement the arrangement as described, the ATO is bound by its ruling. ADLV Law prepares comprehensive ruling applications that present your strongest case, manage the ATO process, and secure the binding certainty you need to move forward.

Applying for a tax ruling or informal ATO opinion

ADLV Law will prepare and lodge a comprehensive ruling application with the ATO, advocating for your preferred tax treatment and securing binding certainty on your position.

What is a private binding ruling and how does it differ from an informal ATO opinion?

A private binding ruling is a formal written decision by the ATO on how the tax law applies to a specific arrangement. The ATO is legally bound by the ruling if you implement the arrangement as described. An informal opinion is the ATO’s view on a hypothetical or broadly described scenario, and is not legally binding. Private binding rulings provide significantly stronger protection, but take longer and require more detailed applications.

How long does it take to obtain a private binding ruling?

The ATO aims to finalise most private binding rulings within 28 days of receiving a complete application, but complex matters can take significantly longer. The timeline depends on the complexity of the issues, whether the ATO raises additional questions, and whether the matter needs to be escalated internally. A well-prepared application that addresses all likely ATO questions upfront typically moves more quickly than one that prompts back-and-forth correspondence.

What information does a ruling application need to contain?

A ruling application must describe the arrangement in precise detail, including all parties, the legal steps involved, the timing, and the commercial purpose. It must identify the specific tax provisions in question and explain why your preferred tax treatment is correct under the law. It should also address potential counter-arguments and cite relevant case law and ATO guidance. ADLV Law structures applications to comprehensively address likely ATO objections before they are raised.

Can the ATO rule against me in a private binding ruling?

Yes – the ATO may rule that the tax treatment you are seeking does not apply, or may impose conditions on its answer. A ruling application that is not well-prepared or well-argued is more likely to produce an unfavourable outcome. ADLV Law analyses your position before committing to a ruling application to assess the likelihood of a favourable outcome and advise on the best strategy.
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Protect yourself from penalties

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Make confident business decisions

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Gain binding ATO approval

Get clarity today.

Contact our experienced tax lawyers now to discuss your situation. We will assess whether a ruling is right for you and map out the fastest path to ATO certainty.

Don't let tax uncertainty paralyse your business decisions.

Complex tax laws can turn even straightforward business decisions into minefields of uncertainty. You are ready to proceed with an important transaction or restructure, but conflicting advice and ambiguous legislation leave you unable to commit. Without a ruling, every step carries the risk of an ATO challenge, penalties, and interest.
Business owner

When you need certainty before committing to a significant transaction

You are a successful business owner or professional who takes compliance seriously. You want to do the right thing, but the tax laws affecting your situation are complex, ambiguous, or open to interpretation.

You are contemplating a significant transaction, perhaps a restructure, acquisition, property development, or new business arrangement – the stakes are too high to proceed without certainty.

What's included in your tax ruling service

Tax uncertainty is expensive and dangerous.

Move forward without certainty and you risk unexpected tax bills, penalties of up to 75% of the shortfall, interest charges compounding from the date the tax was due, and ATO audits that consume your time and resources.

Every adviser has hedged their position with ‘it depends’ and ‘arguably’ – which tells you they are not prepared to stand behind their answer. Without a ruling, you are gambling your financial position on advice that is not binding.

From uncertainty to binding certainty

We navigate the ATO ruling process for you, transforming confusion into certainty. Our tax lawyers know exactly how to frame your situation to maximise your chances of a favourable ruling. We prepare comprehensive, persuasive applications that address all technical requirements, cite the relevant legislation and case law, and advocate for your preferred tax treatment. We handle all ATO correspondence and negotiations from lodgement to resolution. With your ruling secured, you move forward confidently with binding guidance from the ATO itself.

Your pathway to ATO confidence.

From tax uncertainty to binding certainty - one well-crafted application at a time.

1

Strategic assessment

We analyse your situation, identify the key tax issues, and determine the best ruling strategy - public, private, or informal opinion.

2

Application preparation

Our tax lawyers craft a compelling submission backed by legislation, case law, and ATO guidance, presenting your strongest case.

3

ATO engagement

We lodge your application, manage all ATO queries, and advocate for your position until you receive your ruling.

Tax lawyers with 25+ years preparing successful ATO ruling applications.

We understand the frustration of being held back by tax uncertainty. You want to move forward with your plans, but the risk feels too great. We know what it is like to receive conflicting advice that leaves you more confused than when you started, and to feel paralysed when every adviser hedges with ‘it depends.’ For over 25 years, ADLV Law has been resolving exactly this kind of uncertainty – and we know how to build the kind of application that gets results.
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We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

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Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

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Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

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Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

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Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

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Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

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It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Get clarity today.

Contact our experienced tax lawyers now to discuss your situation. We will assess whether a ruling is right for you and map out the fastest path to ATO certainty.

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