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Tax office targets bitcoiners
You can run, but you can't hide your gains.
Tax authorities have maintained their pressure on cryptocurrency investors, with the Australian Taxation Office (ATO) sustaining its scrutiny of crypto transactions through the COVID pandemic – and more recently, US tax authorities assembling a specialist team of cryptocurrency investigators.
The creation of ‘Operation Hidden Treasure,’ revealed during a recent speech by Internal Revenue Service (IRS) Fraud Enforcement Office director Damon Rowe, will establish a crack team of specialists whose sole purpose is to reverse-engineer blockchain transactions, find undeclared Bitcoin purchases, and trace them back to the taxpayers that own them.
ATO statutory demands, winding up applications and garnishee notices
Australia March 10 2021In the fifth of our articles on dealing with the ATO about tax debts, we look at the ATO’s use of statutory demands, winding up applications and garnishee notices to recover company tax debts.
Statutory demands
Service of a statutory demand is one of several avenues available to the ATO where a corporate taxpayer does not pay their tax.
A statutory demand is a formal, written demand from a creditor, issued under the Corporations Act 2001 (Cth) that requires a company to pay a debt. The statutory demand must:
- be in writing in the prescribed form (Form 509H);
- relate to a debt or debts owed by the company to the creditor that are due and payable and total at least the prescribed amount, which will generally be $2000[1];
- specify the debt and its amount;
- require the company to pay the amount within the prescribed period (which will generally be 21 days)[2] after the demand is served;
- be signed by or on behalf of the creditor; and
- unless the debt is a judgment debt, be accompanied by an affidavit that verifies the debt is due and payable by the taxpayer and complies with the court rules.[3]
In the fifth of our articles on dealing with the ATO about tax debts, we look at the ATO’s use of statutory demands, winding up applications and garnishee notices to recover company tax debts.
Statutory demands
Service of a statutory demand is one of several avenues available to the ATO where a corporate taxpayer does not pay their tax.
A statutory demand is a formal, written demand from a creditor, issued under the Corporations Act 2001 (Cth) that requires a company to pay a debt. The statutory demand must:
- be in writing in the prescribed form (Form 509H);
- relate to a debt or debts owed by the company to the creditor that are due and payable and total at least the prescribed amount, which will generally be $2000[1];
- specify the debt and its amount;
- require the company to pay the amount within the prescribed period (which will generally be 21 days)[2] after the demand is served;
- be signed by or on behalf of the creditor; and
- unless the debt is a judgment debt, be accompanied by an affidavit that verifies the debt is due and payable by the taxpayer and complies with the court rules.[3]
Tasmanian tax agent James Burrows accused of stealing in excess of a million dollars from clients
A 35-year-old tax agent has been charged with more than 40 fraud offences, after allegedly stealing in excess of a million dollars from his clients.
Key points:
- Police laid the larges following an 18-month investigation, sparked by social media
- It's alleged James Burrows misappropriated tax returns and falsified business activity statements
- Police say there could be up to 50 victims
Tasmania Police arrested and charged James Burrows after an 18-month long joint investigation with the Australian Tax Office (ATO) that was sparked by complaints on social media.
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