General Q&A: 13/12/2023

Q&A Part A

Question Answered During This Q&A Webinar

00:08:47 Brandon: Q. For the 3 step administrative process- Can you explain the purpose of issuing an affidavit with your demand notices. If you are demanding better and further particulars from the bank, what is your affidavit supposed to have in it? And do you issue an affidavit with each notice?

00:08:57 Brandon: Q. When issuing a PN with a completed contract, is it correct that the promissory note IS the consideration to support the contract?

00:09:29 Brandon: Q. Regarding turning a statement of account into a contract you refer to various sections of the BOE Act (Eg. S21, S59 etc) in regard to completing the contract. Most of those sections refer to a “Bill”. As you know S4 says “Bill – means Bill of Exchange”. So wouldn’t the statement of account need to be a Bill of Exchange for these sections to apply when completing the contract? I have heard you say (referring to the Sproul case) that the statement of account and/or completed contract is NOT a BOE? What am I missing?

00:09:35 Claude: Q) A friend of mine received a ‘Notice to surrender Motor Vehicle’ from Vic Police because her son was driving the mothers car and exceeded the speed limit by 45km/hr. Vic Police will impound it starting next week for 30days.   She has till next week Thur to surrender the car at the police station.  How can she NOT surrender the car, as she needs it to drive her daughter to medical appointments, her husband uses it at night for Uber driving, source of income for the family.  While she agrees her son was wrong for driving way over the speed limit and should face consequences for that , she is frustrated that she and the rest of her family have to suffer for the wrong of her son.  What are her options here?

00:10:30 :sean: q/ how to set aside a magistrate court order with conviction?

q/ rehearing (no appearance) or appeal is better?

00:10:43 Brad: Q. Hi Mark, I signed a supreme court order to save our property a couple of months back as the judge(s) advised me that the court couldn’t hear my defence, this happened a few times so in affect I agreed to sell the property so the bank wouldn’t take possession. If I wanted to open the case again is that a matter of appeal? Thankyou

00:11:30 Brian: A few months ago, I used my personal legal entity to effect money orders under the A4V method to discharge the tax liability (Income and GST) of my registered trustee company and trust. For several months, the ATO continued sending me monthly notices claiming my liabilities are overdue.I recently lodged my September quarter BAS. The ATO sent me the quarterly statement and noted my company’s Income Tax Liability is $0 (previously it was non-zero five figure sum). The reason for the change is “current business structure not continuing”, which I don’t know what that is about. 

I have been away overseas for a month and my neighbour checked the mail regularly but told me nothing has arrived from the ATO. I’m not sure what is going on.

00:11:32 Brian: Q1. Is it possible that the ATO can force me to de-register my registered company and trust because I am not playing “by their rules” with the A4V and money order drawn from my personal legal entity?

Q2. Is it possible that I can simply de-register the company and trust and operate as private to get the ATO off my back on taxes? I think I could get a sole trader ABN to conduct my current business activities. Will ASIC come after me for doing this?

Q3. How will the private trusts offered by Solutions Empowerment come into play if the ATO lets me remain registered but I want to use a private trust to send an invoice to my registered company to minimise taxes?

00:11:37 Claude: Q) How would you respond to the State Revenue Office?  -(Background)  Mortgage has been discharged from a property my ABC PTY LTD company owns and I have sent 3 notices to SRO letting them know of the discharge and that there was no further requirement to pay Land Tax.  –SRO replied to my correspondence and stated that

1. ‘payment of Land Tax does not require a binding contract between SRO and a taxpayer (ABC Pty Ltd)’

2. ‘Land Tax is assessable based on the owner of the land and as the owner of the land is ABC PTY LTD land tax is payable regardless if there is a mortgage against the land or not.

00:11:46 Brad: Q. Mark, a phrase I hear on the occasion for a conditional acceptance of the bill/offers we receive in the windowed envelopes is a “I will accept your offer and pay the alleged sum on the condition you send me a true/real invoice, could you please give us your interpretation of a True or Real Invoice? Thankyou

00:12:38 Brad: Q. Mark, you may not remember this however you give me some great tips on dealing with an examination order. I used your tips along with TASA paperwork and the opposing solicitor has vacated the position. In essence what does this mean? Thankyou

00:12:49 Brian: My sister in-law (she is an employee under PAYG) was the only unlucky individual who was flagged by the ATO for an audit when she tried to get her tax refund by claiming sustenance as a tax deduction. We responded to the tax agent stating that her sustenance as the Principal Creditor constitutes the amount claimed under Other Work Expenses under her taxable entity. The agent responded by accusing her of misleading and reckless reporting and zero-ed her deductions. She also imposed a 50% penalty on her tax return.

00:12:51 Brian: Q1. Will a three-step estoppel method be sufficient legally to get the ATO to assent to our claim that they have failed to substantiate the legitimacy of their audit, rendering our claims for a tax deduction as legitimate and their penalties as being illegitimate and vexatious?

Q2. If my sister in-law makes contributions out of her after-tax pay to an unregistered trust in this coming year to minimise taxes, does the trust need to show proof that it is registered and a qualified tax-deductible entity?

00:12:59 Brian: Recently, the US Department of Justice indicted Hunter Biden on tax evasion charges. As many are aware, the charges link back to his father using shell companies and foundations when he was a Senator and Vice-President to avoid taxes while collecting funds from foreign countries in pay-for-play arrangements. Now we learnt here in Solutions Empowerment that we can employ unregistered trusts to offset our income and act in the private so we can minimise our tax liabilities.

Q1. Can the government charge us of tax evasion for using unregistered trusts and foundations to conduct our business and maintain control over our assets outside of their jurisdiction?

Q2. How is what we are doing different to what the Bidens have done, apart from them selling national secrets and laundering money and us performing legal and honourable activities?

Q3. What is there to stop the Bidens from claiming that they were operating in the private realm to get off their charges of tax evasion?

00:13:02 :sean: q/ at my mention hearing for parking fine, I went down non-consent process. however when I said “I don’t have an interest in these proceedings” the magistrate took it as “so you are not interested in participating in this matter?” how would you have said it better?  

00:23:41 Brandon: Q. I understand your earlier distinction between a statement of account and a bill (BOE). With this in mind how is it that we are able to rely on sections of the BOE that refer to a bill. E.g S21 permits the acceptor of a bill (BOE) to negative or limit his liability. So therefore how do we rely on this section to negative or limit our liability on a completed statement of account which is NOT a bill?

00:24:13 laura: Hey Mark  Q – I still need to amend my 2022 return, as well as do my 2023 return. I didn’t think to ask you, Will I need to add my ABN to the individual tax returns for my contracting (care) work? (original service agreements have ABN on them). Or, can I leave the ABN out, and still just declare an amount of say $100?

or

would I need to add the ABN, then could I put any amount in?

(My invoices do not have my ABN on them, and are a productivity of labour).

I’ve added the PAYG details, I just need to add the contracting work.

00:24:52 laura: Q -To discharge liability with a promissory note, do I need the lender to send a statement of account as a paper copy, or can I print this off if they send it electronically. I’m looking to try this will ZIP Money, a lender.

Ill also try it for a camera fine I just received, and had been nominated for.

If they work I’ll go for the HELP/HECS debt.

00:29:09 :sean: q/ if during my court mention, I didn’t manage to get on the record “I don’t consent to being surety for the trust, and are there not other people here acting as trustee”, can I still send back the fines victoria fine saying “sent to wrong person, redirect to trustee”?

00:30:08 Robert: Q. This ongoing isssue with my sister, My sister submitted an old revoked will and following submitting my mothers last Will with Affidavit and additional evedance . SHe has not consented to revocation of the probate she was granted and submitted an affidavit. I mailed the Registrar asking for a copy of her Affidavit but he has not given it to me and set a directions hearing for 19th November (next Tuesday) and by phone 1) do I have the right to attend face to face and do I have the right to see this Affidavit? Any other comments to help me Unfortunatly I got back from the day in court and missed the time difference as the emotions and day was a big day

00:32:31 Robert: The above last comment was why I missed the booked support call with you, which was a massive dissapointment

00:35:12 Brian: Q. Is it possible for the ATO to attempt to deregister a company for outstanding tax liabilities if they had not corresponded to protest our payment methods using an A4V/Money Order/BOE?

Q. What risks or obstacles exist with deregistering a previously registered company or trust and operating in the private realm to minimise taxes? Or do I need to start a new unregistered company and invoice my registered company instead?

00:37:07 Robert: IN Court last week my sister asking for another two years FVRO when I had zero contact with her, I went in as per your work saying simply that I did not consent to contract or joinder etc joinder and that bI did not consent to the procedings. I did a great job being respectful and peacefull and the magestrate did not seem to know what to do. After establishing there there had beenno breech to the FVRO and police had never been called the magestrate finally gave in to her unfounded claimes of He’s been so obsusive and to my amazement issued another FVRO. I thought courts were based on facts and she gace not, I now think I need to contest it in the supreme court and sumbit affidavits, Q Can I also address the first FVRO which was the same just claims with no evidence, Q Do I need to appeal the two times in court separately or can I do both at once as they are same and both no evidence?

00:42:09 Brandon: Perhaps the shorter ones first then come back to long ones?

00:45:50 Robert: Can a Registrar (probate court) refuse to supply an Affidavit submitted by the other party

00:51:33 Brandon: Q. How do we negative or limit our liability on a completed statement of account when the statement of account is not a “bill” and the section of BOE act that permits negating or limiting liability refers to a bill.

Q – Just checking I understand. I don’t need to add the ABN to the tax return form because I haven’t added the ABN to the invoices? (Even with the ABN is on the original service agreements)

thats great. I Haven’t put productivity on the return, just on my invoices*

01:19:25 Robert: When in court and not contracting and not consenting to the proceedings can we still ask for evidence or contest lies?