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Unregistered Tax Agent leaves taxpayer a $27,000 tax bill
A
taxpayer recently received notice from the Tax Office that all
deductions from his 2007, 2008 and 2009 income tax returns were to
be reduced to $nil. This has resulted in a significant tax bill. He
has had to pay over $27,000 in tax to the ATO and that’s before
penalties for lodging incorrect returns and interest.
The taxpayer used the services of an unregistered Tax Agent. The
fraudster represented himself as a Tax Agent and the unfortunate
taxpayer did not check or ask for his Tax Agent registration
number. He was charged an illegal fee of around $300 for the
service each year, illegal because only registered Tax Agent’s can
charge fees for preparation of tax related documents.
The scammer prepared the return using E-Tax, the ATO's self
lodgement program, and sent the taxpayer a copy of the return
showing a tax refund of around $5-6000 for each year.
The return was then adjusted prior to finalising lodgement. The
fraudster added additional false deductions resulting in refunds of
$8,000 plus. The refunds were directed to the fraudster’s bank
account.
On
receipt of the refund the fraudster forwarded a refund to his client
of the estimated amount from the draft return he had given the
taxpayer. He kept the additional $2-3,000 or more.
The taxpayer now has to lodge objections against the amended
assessments issued by the taxman. This is a significant loss of
time and additional expense.
What remedies does the taxpayer have? Sadly the taxpayer has very
few options to escape or recover financially from this mess. The
ATO officers may decide to be lenient in application of penalties.
To recover the funds he will have to find the fraudster and sue him
for his loss - more time and cost this time with a solicitor.
There are several lessons to be learned here.
The first is that taxpayers are responsible for what is lodged with
the Tax Office.
The second is to use a registered Tax Agent. A return prepared by a
registered Tax Agent will always have a "Tax Agents Declaration".
Check it is on the return.
Tax Agents must meet specific education and experience criteria for
to be eligible for registration. Registered Tax Agents have
professional obligations that they must meet.
Always check that the return being lodged is complete and accurate
in every detail.
Finally, never allow your refund to go into another person’s bank
account unless it is a Trust Account.
If
you suspect that you may have used an unregistered Tax agent to
prepare your returns in the past give the Tax Office a call on 1800
060 062 or get some advice from a registered Tax Agent.
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