You may receive a tax assessment (or reassessment) or a decision from us that you disagree with. If this happens, you can either ask us to make an amendment or you may lodge an objection.
What is an objection?
An objection is a formal internal review process for resolving disputes between you and us about our assessment or reassessment of your tax liability or payroll tax decision, for example our decision to group companies or on your status as a charitable body.
This section only applies to objections relating to Victoria's taxation laws. These are set out in the Taxation Administration Act 1997 and include land transfer duty, land tax and payroll tax. Different processes apply for:
Alternatives to lodging an objection
In some circumstances, we may be able to amend your assessment or our decision without you having to object. Requesting an amendment is a less formal process than an objection.
An amendment request is more appropriate if there is a simple error or oversight on your assessment, or where we do not dispute your view.
You may also receive an assessment or decision following an investigation by us. If you obtain new information or documents relevant to the assessment or decision, and which were not provided during that investigation, you may provide the new information to the original decision-maker to consider. The original decision-maker will either amend or maintain the assessment or decision.
For land tax assessments, you can read more about the differences between an amendment request and an objection.
Your objection must be in writing and you must state the grounds for your objection in detail. You should clearly identify the assessment or decision you are objecting to and your grounds for disputing it, for example, why your assessment is too high or why you are entitled to a particular exemption.
You should include relevant documentation supporting your grounds of objection. Depending on your circumstances and the nature of your objection, relevant supporting documentation may include financial statements establishing details about a business, utility bills establishing residency at a particular property, or trust deeds or contracts establishing legal relationships.
If you have received a notice of reassessment, you can only object to liabilities that are additional to or greater than those under the previous assessment or reassessment. You cannot lodge an objection against a reassessment where there is a decrease in your tax liability. You also cannot lodge an objection against a compromise assessment because you have agreed to it.
Lodging an objection
As an objection is a formal request for internal review, there are certain rules you must follow:
- Object to an assessment (other than a land tax assessment) or written payroll tax decision,
- Object to a land tax assessment,
- Object to a land valuation (for land tax purposes).
When should I lodge an objection?
Objections to land valuations used for land tax purposes must be lodged with us within two months of receiving your land tax assessment.
For all other matters, your written objection must be lodged with us within 60 days of receiving the assessment or decision. For land transfer transactions finalised via Duties Online, you are deemed to have received your duty assessment on the earlier of the day on which duty is paid, which is also the date of the duty statement, or two days after the date of a duty assessment being issued.
If you want to lodge an objection outside the 60-day time period, you must write and ask for permission to lodge an out-of-time objection.
Your application must include:
- all the circumstances and reasons that have prevented you from lodging your objection within the 60-day time period,
- your grounds for objection, and
- any relevant supporting documentation.
Our decision to grant or refuse permission to lodge an out-of-time objection is made by a person independent of the original decision-maker. It is based on information provided by you and other information available to us.
If we refuse permission to lodge an out-of-time objection, we advise you in writing and provide reasons for our decision. You cannot appeal this decision.
You should refer to our ruling about out-of-time objections.
Your objection is dealt with by a person independent of the original decision-maker. They use the information provided by you as well as other information available to make their decision.
You will receive a written notice of determination on your objection. If your objection is disallowed or only partly allowed, we provide you with the reasons.
If you are dissatisfied with our determination, you have the right to refer the matter for review to the Victorian Civil and Administrative Tribunal or to appeal the matter to the Supreme Court of Victoria.
Go to appeals for more information.
Payment of tax pending your objection
You should pay any tax owing even if you lodge an objection.
If you pay the full amount and your objection is allowed or partially allowed, you receive a refund of the overpaid tax together with interest calculated at the market rate.
If you do not pay the full amount of tax owing by the due date for payment, interest accrues on the outstanding tax calculated at the market and premium rates. If your objection is unsuccessful, you must pay the outstanding tax and the accrued interest.