How do I negotiate a payment plan with the ATO?

Short answer

Lodge everything, work out what you can pay in a bad month, offer an upfront amount, and call 13 11 42 with a specific proposal. Negotiation only really happens for debts over $200,000, after defaults, or when you need more than 2 years. Below that, an ATO payment plan is set up online with no discussion at all.

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Before you pick up the phone

  1. Lodge every outstanding return and BAS. The ATO will not negotiate seriously over a debt it cannot see in full, and unlodged periods are the first thing an officer will raise.
  2. Know the exact figures. The balance on each account, how much of it is interest and penalties, and what new obligations fall due in the next 6 months.
  3. Work out your capacity honestly. Take your worst month in the last six, subtract living or operating costs and the ordinary tax that falls due, and what remains is your instalment ceiling. The parent guide has a worked gut-check for this.
  4. Decide on an upfront amount. Even a modest lump sum changes the tone of the conversation. Plans commonly start with something in the range of 10% to 20% of the debt, but pay what you can rather than what a rule of thumb says.
  5. Gather evidence if the debt is large: bank statements, a simple cash flow, a debtor list, and a short explanation of what caused the debt and what has changed.

On the call

Ring 13 11 42 during business hours and expect the officer to work through your capacity to pay. A few things that consistently help:

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If the ATO says no or wants security

The ATO can refuse terms it thinks are unrealistic, and for large debts it may ask for a written proposal or offer a secured plan backed by a mortgage over property or a bank guarantee. A refusal is not the end. Options usually include a revised offer with a larger upfront amount, a shorter term with evidence of how you will fund it, or a formal written submission for debts over $200,000.

If the honest numbers show the debt cannot be paid within 2 years even with everything cut back, a payment plan may not be the right tool. That is the point to look at rescue options such as small business restructuring, or at hardship release for individuals, rather than agreeing to a plan that is hope dressed up as capacity. See what to do when a payment plan is rejected for the detailed playbook.

What to do next

  1. Lodge everything outstanding and write down the balance on each ATO account.
  2. Calculate your worst-month surplus after ordinary tax, and decide on an upfront amount.
  3. Call 13 11 42 with a specific proposal, ask for GIC remission on the same call, and confirm the plan details in writing on your account.

Related questions

Can I negotiate the amount of the debt itself, not just the instalments?

Rarely. A payment plan negotiation is about how you pay, not how much. Interest and penalties can be remitted, and the tax itself can be disputed if it is wrong, but a reduction of the underlying tax is a compromise of tax debt, which is a separate, formal and uncommon process.

Should I get a specialist to negotiate for me?

For a straightforward debt under $200,000, no, you can set it up online yourself. For larger debts, a history of defaults, or a business whose plan needs a viability story, someone who negotiates with the ATO regularly often gets better terms and a remission you might not have asked for. Fees vary, so ask for an estimate first.

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More questions: 26 ATO payment plans questions answered · Full guide: ATO payment plans

General information only - not legal, tax or financial advice. Consider advice from a registered professional about your circumstances.