Statutory declaration to deduct personal expenses from tax return

[brianchu82]

I can see that if I make the Statutory Declaration under the act, would it actually bring me under their jurisdiction rather than rules of equity?

Or is that ok?

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

Yes that is ok I used a statutory declaration form from the dpt justice website in NZ. the system will recognise this more quickly and accept it as valid so go ahead. As extra protection you can sign it with your All rights reserved signature.

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

The rules of equity still prevail in court.

[brianchu82]

Thanks very much. I was a little hesitant as the document has notes in the margins stating “persons”. I wanted to check if we run the risk of mixing the private and the public. Do I need to change anything in the margins?

What I will do is to type out what I have done and let you check to see if there’s any mix-ups.

God bless,

Brian

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

you are interacting with the public using your strawman as a transmitting utility, hence the All rights reserved signature. Only a living man can sign this way using the strawman as a transmitting utility but protecting his rights eg the right to full disclosure and a meeting of the minds before a contract can be considered valid.

[brianchu82]

Here’s the template for review.

God bless,

Brian

Commonwealth-Statutory-Declaration-Form-Claiming-Living-Expenses-Template.docx 31 KB Word Document - Click to view

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

I don’t know if you can use a stat dec to claim you are living as a stat dec is meant to be filled out by the strawman. It is usual to use an affidavit to prove that you are living and therefore outside of their rules and regulations (unless you consent to doing business with them). Here’s an example of wording to a stat dec I completed in NZ as non consent to revealing vax status. Notice that I use their own rules and regulations to support the strawman’s position. It was signed by a JP and I used the All rights reserved signature. BTW did you know a stat dec can’t be used in court but an affidavit can? Here’s my wording anyway;

<John Henry Doe>

<area you live>

I Solemnly and sincerely declare that;    I choose not to reveal my vaccination status because

1. It is not required by law

2. The NZ Government informs businesses that a person’s vaccination status    is personal information and is protected under the Privacy Act    athttps://www.employment.govt.nz/leave-and-holidays/other-types-of-leave/coronavirus-workplace/covid-19-vaccination-and-employment/#scrollto-supporting-the-vaccination-campaign

I make this solemn declaration conscientiously believing the same to be true by virtue of the Oaths and Declarations Act 1957

employment.govt.nz

Vaccines and the workplace

Guidance for employees and employers on COVID-19 vaccination requirements in the workplace.

[brianchu82]

Yes, I thought that the Statutory Declaration template didn’t sound right. That’s why I wanted to check with you.

A friend of mine who is a solicitor said that a Statutory Declaration should suffice if we are sending it to the ATO. We wouldn’t need to escalate into an affidavit until we need to appear in court.

What are your thoughts of that? Prepare a Statutory Declaration but instead of using the template, I reword it to recognise that I make the declaration in accordance with the Statutory Declaration Act?

Thank you again.

God bless,

Brian

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

if you do it from the point of view of the strawman and using legislation to back up what you are saying, then it would probably hold more weight. A strawman/corporation/dead paper entity cannot be living but it does have rights in legislation, such as the right to make conditional acceptances and the right to equitable relief and the right to full disclosure in a contract etc etc.

[brianchu82]

Interesting… talk about applying our knowledge and making changes out of existing material to achieve our aims.

Very educational process!

God bless,

Brian

[brianchu82]

Here’s the amended version.

God bless,

Brian

Commonwealth-Statutory-Declaration-Form-Claiming-Living-Expenses-Template-1.docx 32 KB Word Document - Click to view

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

Isn’t the JP acting as a witness to the signature and taking your affirmation that what is in the stat dec is true?

[brianchu82]

Let me check again to make sure I got that last bit correct. Still learning how all this fits together.

God bless,

Brian

[brianchu82]

Let’s try this.

Commonwealth-Statutory-Declaration-Form-Claiming-Living-Expenses-Template-2.docx 32 KB Word Document - Click to view

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

Sounds great, let me know how it all goes for you.

[brianchu82]

Thank you.

I’ll see how the barrister goes signing it. This will be part of the arsenal I have to help others set up their documentation to help them get the maximal tax refund from this point on.

God bless,

Brian