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Taxation Law FAQ - Receiving funds as a result of incorrectly prepared BAS statements

Date: July 13, 2011

Q. Over the last couple of years I have been receiving refunds as a result of incorrectly prepared BAS statements. The ATO have contacted me and want to hold an interview to discuss this. Can you help me as I am concerned about penalties and being criminally prosecuted?

A. Yes. Depending upon your circumstances and the reason why the BAS statements are incorrect, the ATO will certainly call you to account for the irregularities. If it amounts to fraudulent conduct or deception which results from intentional disregard of the law then you will definitely need to retain the services of a competent tax lawyer to assist you to mitigate your conduct. It is an extremely difficult task and one which depends upon having a thorough understanding of how the law operates in this regard both civilly and criminally.

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