Taxation Law - Tax Evasion
Date: February 25, 2011
Authors: LAC Lawyers
However you look at it, tax evasion is a crime committed against the government that can lead to a 10-year imprisonment and the imposition of monetary penalties. Every year, the Australia Taxation Office comes up with a compliance program on tax and superannuation but despite this, cases on tax evasion increase year after year.
Tax evasion is the deliberate failure to pay taxes and, thus, it hinders the government from building new infrastructures and funding health programs, educational programs and other services which can benefit the public.
The Australian tax law mandates income tax deductions on all permanent residents of Australia regardless of their income source. Whether one’s earned income is from a company in Australia or a foreign country should not matter, as Australian residents should pay their taxes. On the other hand, an expat working, or operating a business, in Australia is subject to tax deductions from his income earned in Australia only.
These days there is absolutely nothing and nobody exempted from paying taxes simply because a taxpayer’s money makes up the revenue which the government disposes or spends for the nation’s well-being. Whether you purchase a box of imported chocolates for your bakeshop pastries, wholesale perfume, or a luxury car, you will have to pay a certain amount of tax.
Meanwhile, individuals that run a company regardless of size and population should deduct taxes from the wages of their employees and remit to the government.
One is sighted for tax evasion if he fails to declare his assessable income or claims tax deductions for expenses of goods and services that were not incurred at all
Tax Law - Case #1 - Director of Company - Tax Evasion - Failure to Lodge
Date: April 27, 2012
Author(s): Scott Gray LPAB, Grad. Dip. Legal Practice
A director of a company purchased property for commercial purposes where they had claimed $1.2 million of tax credits to be deducted from the company's assessable income for a particular income year.
Tax Law - Case #1 Director of Publicly Listed Company - Offshore Assets - Executive shares and options - Investor/Trader - Income or Capital Gain on disposal - OVDI
Date: April 27, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
This matter involved the distinction between payment of income tax or a capital gain on disposal of the securities.
Tax Law - Case #2 - Individual - Onshore and Offshore income - Voluntary Disclosure
Date: April 27, 2012
Author(s): Scott Gray LPAB, Grad. Dip. Legal Practice
An individual had migrated to Australia failed to include their offshore income derived from rental properties.
Tax Law - Case #2 - Property - Joint Tenants - CGT - Deductions
Date: April 27, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
Two individuals bought property in Australia in spite of the fact that the entire amount was paid by one individual
Tax Law - Case #3 - Directors’ Liability - Failure to Lodge (FTL)
Date: April 27, 2012
Author(s): Scott Gray LPAB, Grad. Dip. Legal Practice
A company director was held liable for not lodging lodging income tax returns and BAS statements for a period of 3½ years. As a result, the company was audited by the ATO resulting in 14 counts of FTL penalties.
Taxation Law Case Study - Activity Statement Fraud 1
Date: July 14, 2011
Author(s): LAC Lawyers
Taxation Law Case Study - Activity Statement Fraud 2
Date: July 14, 2011
Author(s): LAC Lawyers
Taxation Law Case Study - GST Fraud 1
Date: July 14, 2011
Author(s): LAC Lawyers
Taxation Law Case Study - GST Fraud 2
Date: July 14, 2011
Author(s): LAC Lawyers
There are currently no Case Studies available.
Date: June 09, 2011
We are constantly updating the information on our website. Check back soon to see if we've added a case study to this area of the law.
Protecting our taxation clients rights while they are overseas is all part of the job
Date: October 08, 2010
Author(s): LAC Lawyers