An article by John Giannopoulos, General Manager and Head of Tax Services, SOL Crowe Advisory, for the publication “Business Partners” of The American – Hellenic Chamber of Commerce.
Alternative Dispute Resolution (ADR) in taxation refers to methods used to resolve tax disputes without having to resort to traditional litigation. Typically, successful ADR models aim to reduce the backlog of tax courts (though the judiciary has the role of agreement guardian), lower costs of resolving disputes and maintain a constructive relationship between taxpayers and tax authorities. To this effect nearly all stakeholders in tax systems have an interest in efficient ADR which may include some form, or a combination of, mediation, arbitration, and / orconciliation.
Successful ADR models include the HMRC’s ADR process where mediation is utilized as a means to resolve disputes; trained mediators work with both the taxpayer and HMRC to reach an agreement. Similarly, the Australian Taxation Office uses a variety of ADR methods, including mediation and facilitated negotiation, to resolve disputes while the IRS provides for an independent review of tax disputes through an appeal procedure where taxpayers can request a conference with an appeals officer to settle the case without litigation.
ADR Models can readily enhance efficiency in tax systems by facilitating faster resolution of disputes, elimination of uncertainty, cost saving procedures, and reducing the burden of the legal system taxpayers. Moreover, ADR methods can ensure quicker tax revenue collection, minimize financial and administrative costs of prolonged disputes and improve overall awareness of the tax system as fair and efficient while altogether encouraging taxpayer compliance and fostering better relationships with taxpayers by promoting transparency, fairness, and collaboration rather than adversarial confrontations.