The ATO on October 1 gave businesses just two months to find another way to pay their tax. Business groups warned of cash-flow disruption and accused it of double standards: businesses could no longer pass card-processing fees on to customers, yet the tax office was dropping direct card payments rather than paying those fees itself.
With the right stakeholders involved, including the small-business ombudsman, “we may well have been in a different situation”.
Business groups had complained about precisely that distinction between shaping the decision and implementing it.
After an October 7 meeting, Australian Chamber of Commerce and Industry chief executive Andrew McKellar said: “The ATO is saying they’re not negotiating the decisions made. They’re talking about implementation and how that’s going to happen.”
The agency’s justification centres on the cost of accepting cards without passing processing fees on to users. The ATO estimates continued acceptance would cost $200 million annually with taxpayers footing the bill.
Mr Heferen said card companies had “engaged very constructively” in negotiations, but their offers remained difficult for the agency to afford.
“The price that they could provide us was still such that we felt it was difficult to to afford,” he said.
Businesses will still be able to pay tax by credit card through third-party providers after June 2027. The ATO has warned taxpayers to consider their fees, charges and processing times.
Its October 9 statement promised further consultation on hardship support and alternatives for taxpayers unable to pay through other methods.
Mr Heferen mentioned payment deferrals and waiving interest on tax debt as measures earlier discussions might have explored, but explicitly stopped short of proposing them.
Reflections on developments in large market taxation (and why Australia is different)
Second Commissioner Jeremy Hirschhorn's speech at the AmCham Presidio series event.
Introduction
Thank you for having me here tonight, it is wonderful to have the opportunity to speak with an organisation that reflects the important and enduring relationship between Australia and the US, both at a country-to-country level, but also with significant cross border investment and trade between our private sectors.
Tonight I have been asked to reflect on the evolution of large market taxation over the last twenty years (and the last ten years in particular), drawing out some macro themes, and then how that has influenced tax administration in Australia (and given this is AmCham, some occasional comments on the US position!).
Australia’s tax chief, who is on a salary of nearly $1m, has confessed to ‘jumping to conclusions’ about how the credit card surcharge ban would hurt small businesses.
The Australian Taxation Office is standing firmly behind its crackdown on decades-old paperwork errors by trust holders, accusing families and small businesses using trusts of being “sloppy” while claiming the obscure tax rules had not yet sent anybody bankrupt.
Under intense scrutiny over its bungled credit card payment ban and a covert raid on trust holders for breaking historic tax rules, senior executives from
the ATO defended “deliberately harsh penalties” for Australians found in breach of complex tax regulation from the 1990s.
Accountants earlier this month sounded the alarm on an ATO push to collect penalties from trust holders caught by historic family trust distribution tax rules launched in the past year, suggesting the uptick in debt collection was driven by the ATO’s desire to increase its revenue.
Fronting a Senate estimates hearing, ATO second commissioner Jeremy Hirschhorn denied the growth in detected breaches was the result of a change in stance from the tax office, instead claiming that a “sporadic number of matters” had come up as part of ordinary reviews and audits.
ATO second commissioner Jeremy Hirschhorn. The tax office last year released a statement that said it had observed “an increase in FTDT issues” due to inadequate record-keeping and succession planning, intergenerational expansion of businesses and the evolution of private groups.
Despite examples of historic FTDT liabilities of $47,000 ballooning to a bill of $890,000 as a result of compounding general interest charges, Mr Hirschhorn claimed that no trust-holders who had fallen foul of the rules had yet been forced into bankruptcy.
He also defended the significant penalties attached to FTDT breaches, pointing to an amnesty implemented by the tax office, allowing trustholders to self-assess potential breaches and only face 20 per cent of the general interest charge.
However that amnesty period is set to expire the day before the government’s three-year rollover relief window opens, when businesses and families are likely to restructure out of discretionary trusts into company or fixed unit trusts to avoid the minimum 30 per cent tax.
This means those who uncover old errors during this period will be potentially liable for the full general interest charge.
“Those consequences were deliberately set at a harsh level to stop people abusing the family trust election. What has become clear over the last couple of years is that many family groups and their advisers have done things inconsistent with their family, trust elections, and have potentially triggered those harsh consequences,” Mr Hirschhorn said on Wednesday night.
“I would also say in relation to the family trust election, the taxpayers with that problem generally are not the average small business running their operations through a trust and a company.”
Tax consultancy firm RSM Australia has reported a “large number” of their clients running small to medium business being caught by the tax rules, claiming they were being penalised for “administrative and technical errors, in circumstances involving no mischief whatsoever”.
The Housing Industry Association estimates about three in five of its members operate through a family trust.
Daniel Mulino praised the Tax Commissioner’s testimony to a Senate inquiry, in which he conceded the ATO’s consultation on a credit card ban was poorly designed. Picture: Martin Ollman During Wednesday’s Senate estimates hearing ATO officials also came under significant heat for its bungled credit card payment ban, after the government was forced to step in and extend a consultation with business furious about the changes.
Tax Commissioner Rob Heferen admitted the ATO had “jumped to conclusions” about how businesses used credit cards for tax purposes and should have been more active in its consultation over the ban.
“With the experience we have now, if we had I guess the similar thing happened to us again, I think we would be more active in trying to engage with people earlier,” he told the Senate economics committee.
Assistant Treasurer Daniel Mulino on Thursday praised Mr Heferen’s testimony as “very thoughtful and forthright”, declaring the tax office was facing a “complex” set of circumstances.
“When it came to the ATO, they were negotiating with credit card companies, trying to get a better deal so that they could figure out what options were possible. It was a complicated environment,” he told Radio National.
“As the commissioner has said in hindsight, in parallel with those discussions with the credit card companies, in parallel with thinking about how long a transition period should have been, they could have beneficially engaged with small business more.”

Thomas Henry is a reporter for The Australian's Canberra press gallery bureau. He joined the masthead after graduating from the 2025 cadet program and holds a Bachelor of Economics from Sydney University