Insurance & Tax
Policy advice, claims assistance and tax disputes for Brighton businesses
We get it — most people in business don't go to bed dreaming about insurance and tax (although possibly there might be a nightmare from time to time).
Insurance
When it comes to insurance, not all policies are created equal. Unfortunately, the days of simply taking whatever your insurance broker recommends are (or should be) gone.
Getting an analysis of proposed insurance policies before you accept them is a sensible way of managing your risks, whether it's insurance for a specific project or more global liability insurance. That way you aren't caught out later believing your policy might cover you for something when it really doesn't.
Likewise, when the time comes when you might have a claim, it's important to jump on it fairly early. We can help advise you about whether your circumstances are covered by the policy, any pushback you might get from the insurer, and how best to go about making your claim.
Of course, if your insurer denies your claim we can help you take the right steps to press for the indemnity to cover you.
Tax
There are something like 6000 pages of tax legislation in Australia (no we didn't count them — we just Googled it).
So you'd be forgiven if you don't have them all memorised.
That said, tax is an inevitable and regular part of any business operations in this country. While your accountants might assist you with many elements of these, there are times when getting legal advice about your tax obligations is your best bet.
One of those areas is where you might be considering going down a path that is arguable, but not necessarily clear on the tax legislation. Having legal advice to support your arguable position is an important protection if you think the ATO might be taking a close look at the transaction later. Of course, sometimes the situation isn't quite as arguable as you thought at first, and it's important to know that too before you're committed.
The other thing that happens with many businesses is that the ATO takes a contrary view to what you lodged, and issues you an assessment or audit outcome that increases your tax liabilities. We can help you work with the ATO to secure a negotiated resolution, or if required, bring the necessary internal review or Tribunal processes to argue for your position.
Frequently Asked Questions
A denial is not necessarily the end of the road. Insurers sometimes rely on exclusions or policy conditions that may not apply to your situation. We can review the denial, assess whether the insurer's position is correct, and if not, take the appropriate steps to challenge it, whether through the insurer's internal dispute process, the Australian Financial Complaints Authority, or court proceedings.
Before you commit to the transaction or lodge the return, if possible. Having a solicitor's advice on record that supports your position can be an important protection if the ATO later challenges your approach. It demonstrates that you took reasonable steps to comply, which can also affect the penalties the ATO may seek to impose.
You generally have the right to lodge an objection within a set timeframe. If the objection is unsuccessful, you can seek review by the Administrative Appeals Tribunal or the Federal Court. We can advise you on the merits of your position, prepare your objection and represent you through the review process if needed.
Why Choose Quinn & Quinn
Policy Analysis
We review insurance policies before you accept them, so you know exactly what is and is not covered before you need to make a claim.
ATO Dispute Experience
We have experience dealing with ATO audits, amended assessments and the objection and review processes that follow.
Works With Your Advisors
We collaborate with your accountants, brokers and financial advisors to ensure your insurance and tax positions are aligned.
Practical Outcomes
Whether it is pressing an insurer to pay a claim or negotiating with the ATO, we focus on getting you a practical result, not a theoretical one.
How We Work
Review Your Position
We review your policy, claim, tax position or ATO correspondence to understand exactly where you stand and what your options are.
Advise & Strategise
We give you clear advice on your rights and the best path forward, whether that is making a claim, responding to the ATO or supporting an arguable tax position.
Act on Your Behalf
We handle correspondence, negotiations and formal processes with insurers or the ATO so you can focus on running your business.
Expanded Capability
Your network of trusted advisors
As part of the Sather Legal Group, Quinn & Quinn Lawyers clients can access specialist advice across multiple practice areas without leaving the network. One relationship, broader expertise.