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  • ATO success stories and process on discharging your tax liability to share?

    Posted by brianchu82 on June 20, 2023 at 2:01 pm

    Hi everyone,

    I’m interested in bringing people together to share their process and successes dealing with the ATO in terms of discharging your tax liabilities successfully.

    I’m currently in the process of discharging my company tax liability using an Acceptance for Value and Money Order using my personal public identity.

    I had negotiated with the ATO paying my company tax liabilities using a monthly instalment arrangement so they send me a monthly statement of account after each month’s direct debit.

    Since joining SE in early February I started studying hard the processes to settle my liabilities. I saw the A4V using a money order and opted for this approach. I’ve sent my money order complete with a $1.20 stamp as consideration and a 5c stamp as stamp duty to settle a sum certain of $1 on my sum payable.

    I have confirmation my registered mail was delivered to the ATO. But yesterday my direct debit amount went through. I’m waiting for my monthly statement of account to see if they’d recognised I’ve discharged the liability before I call them up to cancel the direct debit requests.

    More details of what I did on a separate thread titled “Accept for value to pay tax liability” under this forum.

    I’d love to hear people’s experience here as it’d help people not need to feel that they’re sailing uncharted waters.

    What methods did you use?

    How do you know you’ve succeeded?

    What paper trail did the ATO provide to acknowledge or reject your attempts?

    Thanks!

    God bless,

    Brian

    Thomas replied 7 months, 3 weeks ago 5 Members · 20 Replies
  • 20 Replies
  • brianchu82

    Member
    July 6, 2023 at 12:59 am

    Following up on this.

    It’s been three weeks since I sent my A4V by money order to discharge my company tax liabilities using my personal account to draw funds from The Treasury.

    I’ve not heard from the ATO about this payment.

    On Monday, I called up the ATO to cancel my monthly instalments arrangement to discharge my liabilities for the company account. The tax agent on the phone asked me if I’ll settle my liabilities which I said yes. She didn’t ask anything else and just cancelled my payment arrangements. She said that the statement of account should be sent out back on 18th June and I should receive it in the mail. So far I haven’t received anything.

    I’m glad that my bank accounts won’t be raided as I’ve ceased the arrangement. Any further attempts to make me pay up will be an attempt to form a contract with me which I’ll send them back to say I refuse to contract.

    As far as I’m concerned, the $67k tax liability have been discharged as the ATO hasn’t indicated to me that my payment is refused or I’ve not done it right. I’ve got the tracking no on my sends and I reckon they know that I know how the game works.

    Yes, Mark’s stuff is for real. You just have to know that the ATO won’t hand things to you on a platter to tell you that you’ve done it. There is a guessing game and I think this is part of their strategy to try to drag you back in.

    Therefore it’s about holding your ground and knowing how the rules work.

    God bless,

    Brian

    • pbcook

      Member
      July 19, 2023 at 9:00 pm

      Thanks for reporting on your process and success Brian. I have just purchased Module #2 and first step is to scrape back my wife’s last two years of PAYG. Will send an update on anything interesting.

      • This reply was modified 1 year, 11 months ago by  pbcook.
    • Joshua

      Member
      October 22, 2024 at 6:57 am

      Hi brianchu82,

      I am new here and just going through the modules before I send off my first attempt at getting my taxes paid back. Did you get a positive outcome from this situation. Did you hear from the ATO in the end? Cheers

      • brianchu82

        Member
        October 22, 2024 at 6:55 pm

        So far I got two years of paying almost no taxes because I had sufficient deductions to offset my income. I also successfully recovered more refunds from the 2021-22 financial year via an amendment to my taxes to include work from home expenses.

        Let’s hope this prevails in the coming years.

        As for my company, the ATO continues to accrue my liabilities with interest despite me putting them on default for sending me notices that imply they refused my bills of exchange settlements. They haven’t written anything else to challenge the validity of my process. I have the documentation against them though and they have assented.

        God bless,

        Brian

        • Joshua

          Member
          October 23, 2024 at 3:26 am

          Thanks for your response. It sounds like a win as they have defaulted by assent.

          I have a friend who has done this process for 2 years or so and just gets a receipt for what he “owes” every 6 months but apart from that there is no other correspondence. He took a different approach but the outcome we are looking for is the same.

          Am I correct in assuming you are paying the company debt through a money order from your strawman Qestui Que Vie trust? I am in a similar situation with “liabilities” on a p/l company, so am looking for ways to remedy this. Thank you

          • This reply was modified 8 months, 1 week ago by  Joshua.
          • brianchu82

            Member
            October 26, 2024 at 11:30 pm

            I use my own BRIAN CHU entity to send them the bills of exchange on behalf of my corporate entity to discharge that tax liability, as I am a principal creditor of that entity as a director.

            I received periodic statement of account with interest accrued on the tax liability. Every so often the ATO sends me a notice warning me the entity’s tax liabilities are not paid and that I should pay or else the ATO will take stronger legal action to recover it. I always respond and they haven’t done anything.

            So it seems like your friend, you and I have done similar regarding our companies.

            I have recently set up an unregistered trust and will commence invoicing my corporate entity for services fees rendered to the directors, who are the trustees of the unregistered trust. Hopefully that will help offset the tax liabilities accrued by my corporate entity from their unfair change of the legislation making us accrue PAYE from 2022 for profits earned in 2021, which they estimate would be the case for 2022.

            God bless,

            Brian

            • Joshua

              Member
              October 30, 2024 at 6:56 am

              Thank you for sharing this. this is exactly the same approach/setup I will be looking at also. Good luck with it all. I will keep you updated how i get on also. Cheers

            • brianchu82

              Member
              October 30, 2024 at 2:20 pm

              Please keep me informed.

              Let’s hope our correspondence is on this site and not in the same jail cell. I’ll take the lower bunk.

              And I hope you’re not a snorer? LOL

              God bless,

              Brian

  • Thomas

    Member
    October 30, 2024 at 7:44 pm

    Greetings SE family, i have completed the full BOE A4V Money Order Process to discharge a liability penalty up to and inclusive the form of protest in the back of BOE ACT to the AT0 and i now have recieved this letter stating to contact them by 11/11 so they “CAN PROGRESS THIS FOR YOU”.

    All correspondences have been to David Allen as well as CFO Janine Bristow via registered mail originally to 26 Narellan Street Canberra but the last statement i recieved i had sent it to David Allen at Albury (different address).

    Has anyone been up to this stage and if so any ideas or information to guide me further through this process would be delighted.

    Look forward to hearing what others have done and achieved.

    • brianchu82

      Member
      October 30, 2024 at 8:10 pm

      Hi Thomas,

      Expect them to just send you templated Statement of Account as if you didn’t pay your tax liability. Every so often they will send you a notice stating you haven’t paid your debt and they remind you to do so or else they will take stronger action to recover it.

      They never will go out of script to warn you that you cannot do what you have done discharging your liability. It is like a staring contest. Their silence is their weakness and they hope they can drown you by accruing your liability with interest until your entity becomes technically insolvent. That is what I suspect they are playing because this is what I’m going through now.

      God bless,

      Brian

      • morag-janet-of-the-hill-family

        Member
        October 31, 2024 at 5:23 am

        Absolutely and that is why it is key to keep evidence of their continual dishonour and evidence of the contracts with us that they have agreed to by their acquiescence and silence and on top of that we need to learn how to competently attend court to sort the matter out if they ever drag us in there. Also we need to protect our property with trespass signs cameras and locks and learn how to deal with any approaches by bailiffs or other debt collection agencies who may have been misinformed about our financial status by the pirates and parasites.

        • Joshua

          Member
          October 31, 2024 at 7:45 am

          Hi Morag,

          I was just wondering what your opinion would be on making an amended return for 20-21 year. It’s for my wife and is the last return that had been lodged thus far. I will be putting in 2 other returns for NIL the 21-22 and 22-23 as she hasn’t worked due to having a child.

          I was just wondering if it could be for the most recent 2 years of returns or only for the past 2 years by calendar date. If I had known about this process earlier I would have definitely made an amendment but not sure if this would flag her. She is due to pay 12k and is self employed at the time of the last return 20/21. Thank you

          • brianchu82

            Member
            October 31, 2024 at 7:58 am

            Hi Shanksy,

            I tried to get an amendment to my tax return for 2020-21 and the ATO said it is beyond the two years and refused to amend it. You may need an accountant to lodge it for you with a good reason why you are going beyond the two years.

            God bless,

            Brian

            • Joshua

              Member
              October 31, 2024 at 9:28 am

              Ah ok thanks Brian. Thats annoying, I don’t want to give those parasites anything they arent entitled too but might have left it too late. Disappointing. thanks for your input

          • morag-janet-of-the-hill-family

            Member
            October 31, 2024 at 7:59 am

            i haven’t had experience with Australian taxation forms and procedures so it would probably be best to ask your question at the next Q and A which is in two weeks time… https://solutionsempowerment.org/event/general-qa-november-13/

            • Joshua

              Member
              October 31, 2024 at 9:31 am

              Hi Morag,

              I will do. The Q & A recordings have been great to go through

              Thank you for your response.

            • morag-janet-of-the-hill-family

              Member
              October 31, 2024 at 9:32 am

              👍

      • Thomas

        Member
        November 6, 2024 at 6:12 pm

        Hi brianchu82, how are you going? I have received a response from ato to contact them as they need more information so they can progress this for me. I was on the phone for round 50min and I did state to them that it is recorded and I felt I handled it well with being super polite. Bodie and his supervisor Tim had suggested I go through their “complex advice request” which code they have on their website is 50504. Have you or anyone else been down that path? if so what might I be up for?

        • brianchu82

          Member
          November 6, 2024 at 9:27 pm

          Hi Thomas,

          Interesting, I’ve never had them contact me to talk about what I have done. They just simply sent me the monthly Statement of Account accruing for interest. No other letters.

          Let us know what the ATO means by “complex advice” when you talk with the ATO. Sounds like an interesting development. Good luck with it.

          God bless,

          Brian

          • Thomas

            Member
            November 7, 2024 at 11:25 am

            Cheers Brian will do