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Part payment of tax withheld
Hi. Feedback please. I filled out tax returns as per instructions for my individual account, and have received full credit for 3 years of late returns, but they debited my individual account for a previous debt from my last return, and a debt held in a partnership for which I sent late returns last week. I received 2 cheques equalling the balance on my client running balance, where they have withheld thousands which they been transferring to a partnership without my knowledge or consent. I sent an adjustment for my last tax return completed by accountants in 2019, but I’m not sure if it’s too late.
I am about to return the cheques with a notice to the effect, “I reluctantly return these cheques to your care until such time as you return them with the full balance of my individual account for TFN …… I received them on the 31st October and have not rejected them, but return them within 72 hours for fear that, you may consider partial payment of full amount owing to satisfy the total debt. Please return them when you pay the remaining $5,896 including fees and funds mistakenly transferred to another account. I have sent further information which may have crossed in the mail. If full payment has since been made, I apologise for any dishonour. Please forgive my misunderstanding and return the cheques in a timely manner.”
Am I creating a dispute where none exists? Or should I wait to see if they refund the rest once they review their papers? I’m mindful of the 72 hrs and don’t want them to assume I am satisfied with partial payment.
Thanks
:Lyn
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10 Replies
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This might help I’m not sure though. Keep us posted on the outcome please.
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Thanks, Morag. I was part of that discussion. Mark’s methods worked, but my account is messy because it is linked to other accounts. 72 hrs is very important with any company, but since our accounts are a work in progress and I have sent several registered letters recently, I wondered should I return them just in case
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It is all moves on a board, if you are prepared to lose the money they have sent then give it a go. I suppose you could thank them for their payment and remind them there should be another payment pending based on your latest correspondence with them. You could also try ringing them and record the conversation, just make sure you are the one asking the questions and answer a question with a question because they may try to get you to incriminate yourself if you sign them. Let them know you are recording eg “I’m recording this for training purposes”
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Thank you. Yes, it’s all part of a game. They should be receiving my letter disputing their charges, along with the adjusted return so I’ve already disputed the debt. I try to avoid phone calls
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Update. I just received this generic letter in response to my letter from 1st September. The latest letter to Chris Jordan has been received but -‘awaiting collection’ since 9th December, but it was sent to Brisbane GPO box. Should I have used another addressing? Any advice on how to respond?
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Always find a postal address to send your documents to as a P.O. Box is non contractual. I see a lot of statements by companies now saying they will not send to a P.O. Box.
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They are making lots of claims eg Did you claim tax laws were invalid or did you ask them a question? Did you demand the ATO make payments? Or did you ask a question? Did you state tax laws do not apply to you? Or did you ask a question? They say they have considered the issues raised in your letter (great they have acknowledged that they received it) but was that an answer to any of your questions? Are they claiming the ATO is a Community Asset, and if yes where is their evidence for that and if it is a community asset then where is your share of the dividends?(they may be just claiming the Super system is, but that is not who you are asking questions of) Who is ‘your’ and ‘you’ who is ‘Lyn’ they are not identifying these clearly. The most important thing is to thank them for their reply, however there are still outstanding questions that have not been answered etc
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Here’s some information from other members you may find interesting
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It appears they are processing enough of these applications to produce a generic response?
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Update: A money Order was sent in October last year for the balance on our partnership account. We last received a fine February 14th for non-lodgement of returns which I also sent last year, but they were in a registered letter they never claimed. I muddied the issue when I mixed my private account with a letter for the partnership. The ATO were sending a statement every week until my response to the fine from Melinda Smith, where I sought evidence the ATO has judicial authority to impose penalties and fines. I haven’t received another notice or statement from them, but I need it to be settled and closed.
Even though I have sent several letters, I am naming this ‘Notice of Default’ with a Notice of Final Default to be sent upon non-response to this. Any comments welcome.
Next I am pursuing all funds/credits returned to my private account by cheque, and by statutory demand for payment if necessary.
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