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ATO claiming overdue company tax liability settled already by money order
Hi everyone,
So back in June and July, I used three money orders to settle my company’s tax liabilities by drawing funds out of my fictitious corporate entity using the acceptance for value approach.
I used a tracked mail to send to them and it’s confirmed that the ATO received all the mail.I received no reply or protestations from them after 72 hours of them receiving it.
The ATO sent me an overdue notice early last month and today stating on my tax liabilities. On both occasions it has stated that I need to pay these liabilities or else it could commence action to take it from my private account if necessary. So far they have done nothing.
On each occasion, I have notified them that I have discharged it using money orders, refused consent to them taking anything from my personal or corporate accounts and put them on default judgment, including my conditions.
I attach my letter showing the initial Notice of Default Judgment and also the Follow-Up Notice of Default Judgment on them sending me another Overdue Notice.
I have also made good to send an invoice to them for engaging me after putting them on default judgment. They obviously have not replied or made any payment.
I attach my Notice of First Default for them not paying.
If anyone like to review and make suggestions for improvement, I would much appreciate it.
Thank you in advance.
God bless,
Brian
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10 Replies
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Awesome 🙂
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Wow thats great work. Would you mind explaining to me about the fictitious Corporation you used? So its not you trust obviously so do you use it for promissory notes etc. And if you don’t mind could you share the first Default Judgement notice you sent. Is Just that I am taking on a big company for breach of contract and I am interested in the Default Judgement notice. We have things in place to take it to the supreme court, I would live to received a default judgement from the court, that would be fantastic. But we will see.
regards
Bricky
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Hi bricky,
Here’s an outline of the process to how to draw from our fictitious entity based on my understanding from Mark Pytellek’s notes and also in my own research joining the dots with respect to double entry accounting, accounting entities and also the financial markets.
I also attach a copy of the letter that I used to initially engage with the ATO regarding the dispute over the late lodgment penalty.
God bless,
Brian
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Following up on this.
My accountant submitted this year’s company tax returns and it was due for a tax refund. The ATO has sent back the notice of assessment for my company and it offset the tax refund on the outstanding liabilities that it claims my company owes them.
The ATO is going down this track to pretend my money orders don’t count. It never wrote told me that I can’t use money orders to pay my company taxes. The staff just sends me monthly notices pretending that my company owes these liabilities. I respond to each notice by quoting that these liabilities are settled by previous money orders and that based on the Bills of Exchange Act 1990 Sections 47(2) and 48, their statements of account prove that it has refused my company payments, absolving my company of the liabilities.
I will send a letter to follow up on the ATO offsetting a previously discharged liability using the tax refund due for my company and remind them that this sum will accrue for interest.
I am going to let the ATO take the first step to initiate any charges against my company. The burden of proof is on them. Playing defense with all the cards in my hand should work well. I have the documentations and letters to respond to everything sent to me. They’ve sent me no protestations of my actions thus far.
This is what I noticed President Trump is doing now with accusations of election fraud, January 6 insurrection and taking classified documents without authorisation. Initially the courts didn’t want to hear it. Now he and his team are letting the corrupt Swamp take him to court. He’s got all the aces in his hand.
God bless,
Brian
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it sounds like you have everything in hand. Excellent!!
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Another month, another letter from the ATO telling me that my company is still owing the income tax and PAYE tax liabilities. It is still pretending that my money orders didn’t discharge the liabilities despite my letters telling them they have defaulted on my letters.
So do I need to write a letter each time in reply to their monthly statements to continue reminding them that they have defaulted? And each statement they send reinforces my claim that by the BOE Act 1909 Sections 47 and 48, they are merely confirming that my company is not required to pay the liabilities as they claim?
God bless,
Brian
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So I’ve received another monthly statement trying to claim that I still owe them taxes from my registered company.
Here’s my proposed response.
Please let me know whether this is ok or is it risky that I am upping the ante by requesting they ‘cease and desist’ from sending such monthly notices pretending I did not pay.
Thank you.
God bless,
Brian
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That sounds great.
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Thank you.
God bless,
Brian
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