24 Tax Audit and adminstrative penalty

[morag-janet-of-the-hill-family]

Hi Michael there is a Q and A tomorrow night where you can put your question to Mark. Perhaps just get there on time and post your question in the chat of the zoom meeting with Q… before your question so mark can easily find it… https://solutionsempowerment.org/event/general-qa-march-12/

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[Buz]

You can fully accept their offer, go to the audit meeting with a friend, and ask them if they agree that you are a man and not a person.

You can conditionally accept their offer, on the condition that they prove their authority over you.

[MixSA]

Hi Buz,

How would they prove their authority over me? Or from another view point – how would I prove that they do not have authority over me.

This is the second year I have been audited – they just seem to ignore all communication and then hold the debt ‘owed’. With it being ‘balanced’ with the next years refund due to me.

At the moment – it just seems like I am digging a deeper debt hole – and feels like my returns are continually being audited.

[saul-james]

Hi Michael,

Sorry to hear that you are having troubles. Perhaps you could explain your situation in more detail so that we can understand exactly what position you are in. For instance, you say that you followed the process in the webinar, but did you purchase and download the document pack? Did you send in along with your returns the Statement of Affidavit signed by a JP? Are you self employed? Did you sign the return exactly as Mark describes?

In relation to the $31,000 penalty, do you understand Mark’s BOE process for payment? Do you understand what a restrictive indorsement is in relation to Bills of Exchange? Do you understand how to convert the ATO’s “Order to Pay” into a contract?

• This reply was modified 3 months, 2 weeks ago by  saul-james. Reason: Typo

[MixSA]

Hi

Thanks for the reply.

I am full time employed.

I followed the process in the webinar, but haven’t purchased a document pack- I believe I filled it out in the correct way.

Unfortunately I missed getting an affidavit signed by JP- this may have had a big impact on the result?

I also think I have missed the opportunity to respond (post 72hours). So will be going through the BOE route. Ensuring I complete it correctly.

I will post any progress

Thanks

Michael

[brianchu82]

Hi Michael,

You’re in the same situation as my sister in-law who was contacted by the ATO for an audit in November 2023 for her 2022-23 tax returns. She took a phone call and called back and they said she is requested for the audit.

She was a full time employee and we used the method as suggested by Mark. Out of 7 people I knew who did that in the 2022-23 financial year, only she was flagged.

The ATO rejected her claim that she was a living woman and penalised her for 50% of her claims, amounting to $3,500 additional fines.

She decided to pay it.

Then last December, the ATO sent her a letter to follow up on the case seeking an interview to understand why she did that. We wrote back declining the invitation. In late February, the ATO wrote her a letter telling her that concluded the investigation and gave her a warning recognising she had paid the penalty.

Two days ago, she received a letter requesting an audit for the 2023-24 year as she claimed deductions the the ATO claimed was unusually high for her occupation. I’m going to review the contents of the letter.

This time, she had already received her notice of assessment so we thought it was settled.

We will write back this time asking them to provide cause and state that we are going to consider pursuing it with the Ombudsman for harassment that they are requesting another audit.

It’s clear the government is cash strapped. Down with the ATO and those who work within.

God bless,

Brian

[Cherie]

Watch the Module/webinar on “Hold Your Position”

When they say they don’t allow that.. it is only an offer

The comeback is “too bad, unless you can show evidence that what I did was illegal or irrelevant, I’ll proceed with it and for the record, don’t send me a penalty until after you produce your evidence as producing a penalty is inappropriate, irrelevant and frivolous.

Produce the evidence or remit my productivity of labour to me, being my property” from Mark P.

(via Cherie at the Solutions Empowerment HelpDesk – I saw this question and felt that it needed a direct response. This is a good question to ask in the Q&A). 😀

[MixSA]

Hi Cherie,

Thank you for asking Mark for a response. Please also thank Mark for his comments and response in the Q&A.

I believe I have mossed the opportunity to respond- post 72hours.

I will look to discharge via BOE.

Thanks

Michael

[MixSA]

Hi All,

I have received my ‘penalty statement’- it looks different from previous statements.

Can i still BOE this? Does it meet the requirements etc?

Its not signed by anyone?

Thanks

Michael

• This reply was modified 3 months, 2 weeks ago by  MixSA.

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[morag-janet-of-the-hill-family]

See s97 (2) Aus Bills of Exchange Act 1909

[Megan]

They are also making a claim that you provided “false or misleading evidence” in their letter. They need to provide evidence to that claim.