General Q&A: 20/12/2023

Question Answered During This Q&A Webinar

Questions are in order of appearance in the video. NOTE: Only a few of Mark’s comments are provided in written form.

1. ATO has disqualified 223 SMSF (Self-Managed Super Funds) trustees last quarter. Could my partner transfer SMSF dollars to our foundation and take the 40% tax hit. Would this be considered tax avoidance?
   • Mark: I don’t have experience with that, you will need to speak to Peter Duff. I have use of a foundation but he handles foundation Q.
2. My Mother’s will has to go to court. When I play the Non-Consent, do I say, “I’m a living Man?”
   • Mark: A living man cannot reserve rights. Therefore, there is no need to be so truthful in the court by saying I’m a living man because then you are putting a bowling ball through the court. Sometimes taking a lighter approach is wise for the desired outcome.
3. Turning a Statement of an Account into a Contract, are you relying on Bills of Exchange to give us authority?
   • Mark: You are not only relying on Bills of Exchange but Rules of Equity and the public realm, BOE. A corporation’s signature is its seal, therefore the corporation has made an offer. All you are doing is accepting and completing that offer. That BOE 97 Part 1 is a gem, without it you cannot turn that statement of account into a contract.
4. [In court] regarding a default liability clause where there was a breach of contract with the ATO for not accepting payment [Promissory Note]. How would you respond to an ATO lawyer saying, the deputy commissioner of taxation cannot contract out of his statutory obligations?
   • Mark: The lawyer is correct. Under legislation, The Deputy Commissioner tells you what he can accept as payment. But will not tell you that he won’t accept BOE or Promissory Notes. This is the key to beating them at their deceptive game.
5. How do we navigate bad case law e.g. ANZ v’s Evans?
   • Mark: Look at the Modules 71a, 71b, 71c which explains the reasons for “bad case law” and why the judgements were defective (but we still won!). But also explains why I have had successes. I go into the nitty gritty to show you how to win also. You have to make your case, must have a lot of strings on your bow, that takes practice. If you go to court, always, always be prepared with set up questions. Magistrates and Judges are concerned about setting a case precedent.
6. Director ID conditional acceptance was outside the 21 days, is this ok?
   • Mark: Yes! Just don’t do it before the 21 days. Do I start the process again? NO
7. What authority are we relying on to turn a statement of account into a simple contract?
   • Mark: I dealt with this one earlier. Substance realm v public realm Bills of Exchange Act (BOE) which governs commerce, Section 97 – part 1 – seal of a corporation is its signature. Therefore, the statement/paperwork sent with the seal, is only an offer.
8. My sister submitted an affidavit to the court but I didn’t get a copy from the court or my sister before we went to court the first time.
   • Mark: In court, you say, my sister failed to give to me a copy of the affidavit 3 business days prior to court, Is this not a defect of the process? Am I not entitled to have a remedy? The judge could have adjourned the proceedings for a few hours and emailed you a copy. However, you many need more time. So, you can tell the Judge that you need more time to give a comprehensive reply.
9. When in court, if the judge asks, “What were you planning to give the bank at the coffee shop?”
   • Mark: Cash your honour, no probs – get it in your head Promissory notes and Bills of Exchange are cash.
10. Why is it that the non-consent process works in court?
    • Mark: Because every case in court is contractual in nature and when you don’t express your agreement. The judge needs your consent and they will try very hard to get it. They say they don’t need your consent because courts are fictional realm but they do need your consent and will do any number of tricks to get it.
11. Is there case law for the Acceptance for Value (A4V) process?
12. Is a statement of an account / invoice an unconditional order to pay?
    • Mark: Do you see anywhere on there NOT NEGOTIABLE?
13. What is the logic behind the non-consent process in court?
14. Regarding council rates, if I have discharged the liability with a money order (A4V) would I need to create a new agreement to stop paying the council rates altogether?
    • Mark: It depends on what terms and conditions you have put into your contract. If you didn’t express that the parties are agreeing to the following… If you didn’t send them a Terms and Conditions, you can do it now.
15. When purchasing a house can you put it into a non-registered trust?
    • Mark: Yes.
      • What about stamp duty?
      • Mark: There is an element of exemption.
16. I’m trying a promissory note for my Zip Money debt.
17. What questions would you ask council in the 3-step process?
    • Mark: Challenge the source of their authority. Also, look at Modules 29 & 63.
18. Woods V Australian Taxation Office. Are you familiar with this case?
    • Mark: Yes.
19. What’s the GSM for Promissory Notes?
    • Mark: From 90gsm and up.
20. Can Promissory Note stamps be written?
    • Mark: Yes!
21. Can Bill of Exchange thumbprint be done in red?
    • Mark: Red is fine, purple if you want royalty.
22. In a recent Federal Court Hearing, the Judicial registrar would not let me cross-examine the opposition to establish 2nd witness principal.
    • Mark: Am I not entitled to cross-examine my accuser?
23. Can you explain BOE Section 8 Part 3?
24. With Regards to Self-Managed Super Funds.
    • Mark: I’m not an expert, I don’t have one, I can give a generic answer, but you will need to consult a qualified licensed party.