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Tax Fraud: Best tax lawyers for legal advice on ATO tax fraud or ATO tax evasion matters
If you are dealing with an ATO tax fraud or ATO tax evasion matter, you should contact King Lawyers immediately for legal advice and representation.
King Lawyers specialises in tax matters and regularly deals with ATO on serious and significant tax matters.
The principal of King Lawyers, Navid King, is a former ATO tax auditor and ATO tax lawyer.
King Lawyers has had extensive experience in dealing ATO tax fraud and ATO tax evasion matters over the last 10 years.
We have achieved excellent results for our clients’ ATO matters.
Tax fraud or tax evasion on the ATO
Tax evasion requires some blameworthy act or omission by a taxpayer.
Tax fraud is more serious and involves a taxpayer making a false statement to the ATO about their tax affaires or being recklessly careless as to whether what they state is true or false.
Some examples of tax fraud or tax evasion include:
- intentionally not reporting any assessable income to the ATO
- recklessly claiming tax deductions that the taxpayer was not entitled to
- withholding information from the ATO or failing to keep records
- submitting false, backdated or altered documents
- paying wages in cash and not reporting the wages paid or not remitting GST, Pay As You Go Withholding (PAYGW) tax or Superannuation Guarantee charges to the ATO
- making false statements to the ATO in any document
- disguising personal expenses as business expenses
Unlimited audit period by the ATO
Generally, for most taxpayers, there is a two or four year time limit on income tax amendments and ATO audits.
However, if you commit tax fraud or tax evasion, the ATO can audit your income tax affairs at any time without any time limit or restriction. For example, the ATO may audit your tax affairs for the last 10 or 20 years. This will be at the ATO’s discretion and there is nothing you can do to stop it.
Criminal prosecution by the ATO
If you commit tax fraud on the ATO, you may be criminally prosecuted by the ATO.
The ATO will take criminal action when there is enough evidence to prove that you have acted knowingly or recklessly to dishonestly obtain a payment or refund from the ATO.
The main criminal offences relating to tax fraud are the following:
- Dishonestly obtaining Commonwealth property
- Obtaining financial advantage by deception
- Dishonestly causing a loss to the Commonwealth
The maximum penalty for tax fraud is 10 years imprisonment.
Offshore tax evasion
The ATO is cracking down on offshore tax fraud and tax evasion.
If you control, whether directly or indirectly, any funds, property, assets or investments in an overseas country, including any tax haven country, you should get legal advice to ensure that you have complied with your Australian tax obligations to the ATO.
The Tax Avoidance Taskforce has been established by the Australian Government to detect and deal with offshore tax fraud and tax evasion. The Tax Avoidance Taskforce is led by the ATO.
The Serious Financial Crime Taskforce is another joint-agency taskforce led by the ATO, which deal with cybercrime, offshore tax evasion, illegal phoenix activity and other serious financial crime.
The following government agencies are working together as part of the Serious Financial Crime Taskforce:
- Australian Tax Office (ATO)
- Australian Federal Police (AFP)
- Australian Criminal Intelligence Commission (ACIC)
- Attorney-General’s Department (AGD)
- Australian Transaction Reports and Analysis Centre (AUSTRAC)
- Australian Securities and Investments Commission (ASIC)
- Commonwealth Director of Public Prosecutions (CDPP)
- Department of Home Affairs (Home Affairs)
- The Australian Border Force (ABF)
- Services Australia
Legal advice from King Lawyers on tax fraud or tax evasion matters
We regularly provide legal advice to Australian and international clients on tax fraud and tax evasion matters with the ATO.
To get legal advice from King Lawyers on your tax fraud or tax evasion matter, please contact us to arrange an initial conference with our experienced tax lawyers.