Nette

I have come home tonight to find a $1,100 tax fine on my doorstep for apparently failing to lodge my tax returns for 2006 and 2007.

I called the tax office to explain that I was not resident in Australia at that time, as I returned to the UK in 2003 after spending 1 year on a working holiday visa. I didn't move back to Australia until August 2007.

I was then told that as I had not informed the tax office when leaving Australia in 2003, in addition to the 2006 and 2007 fines, I would also be fined for 2003, 2004, 2005... meaning now looking at a fine of over $2,500! So much for being honest!

I have been told that I can get an extension on paying the fine (which is currently due to be paid Christmas week!) whilst I appeal against the penalty.

Can anyone advise as to the chances of my appeal being successful?

ABCDiamond

You were only here on a working holiday visa ?

I would say your chances should be good. When did the visa expire ?

I doubt they could expect penalties for the years that you were not allowed to be here anyway. (ie: No Visa)

Check out the ATO Do you need to lodge a tax return for the relevant years, and use that in your defence.

http://calculators.ato.gov.au/scripts/axos/AXOS.asp

EvannTel

I got myself in a spot of bother with the ATO - entirely my fault and I realised I had made a mistake (a pitfall of doing your own returns). Anyway realsing my error I secured and accountant who has made the process of fines and penalties much more tolerable. Maybe someone like that could help.

Nette

Thanks for your replies.

Yes, I was only here on a working holiday visa. I left Australia October 2003 and the visa expired Nov 2003.

They are saying that I should have still done tax returns for 2003-2007 as I never informed the ATO that I had gone back to the UK.

I am thinking that thousands of backpackers have probably made the same mistake.

Keith Moon

Jesus creepers...............

I was in Australia for six months Oct 09 to Apr 10. Had a six month sabatical, did not work, did not earn any money at all. I transferred my cash from the UK to Australia for spending money. While this sat in the Australian bank prior to being spent, i might have got say $1.00 in interest, no more, it went to quick, the cash. I was a permanent resident in Australia, for tax purposes. I called the ATO from the UK after arriving home, they said if you earnt nowt there is nothing to declare through a tax return, i gave them my UK address and told them i am here in the UK for now, but will return to Australia when i save up again.

Do you think i am in the clear, just do not want a fine when i return, the guy i spoke to at the ATO may have got it wrong......................Hate prison food, and i am not role playing anyones bitch?

quoll

Blimey my son has been living outside Aus for over 8 years now - I do hope they know he wont be back for a long time. I will get him to check out the ATO and let them know. Sorry for your predicament but I would be asking a tax advisor to go into bat for you and hope that they will waive their demands.

James516

Two possibilities:

1) The person you spoke to on the phone didn't know what he was talking about, or

2) This is all a sophisticated phishing scam using inside immigration info obtained from Wikileaks.

You decide!

goldchoccycoin

I think that the system has made a mistake. If i were you I would be sending a letter (recorded delivery) stating that you were on a temp visa (WHV 417) til 2003 and then you returned to the UK and didn't re-enter Australia until (insert date).

I strongly believe they have made a mistake - you are not liable to complete tax returns as a non-resident not living in Aus.

Call again - but definitely write a letter.

medwaymark

Oh bugger.....I left in '72 & cam back in '08

Nette

Thanks for all the posts.

I have been in contact with the ATO and have an accountant on the case... will let you know how I go.

Cheers

AlliF

Good luck! Will definitely look on with interest but I'm with James 516 on this one - maybe it is some kind of scam. I think its ridiculous otherwise to be saying you arent legally permitted to be in the country but at the same time you still have to tell us you are not here or we will fine you.
Only reason I told the UK tax office i was leaving the uk was because I was due a (small)refund!

roaringmouse

Had you filed tax returns for the time you were in Australia with a working holiday visa? Quite a few backpackers don't realise they need to do this - I certainly didn't at the time.

quoll

The ATO has quite specific requirements for when you need to file a tax return I cant see how they can have come to their conclusion unless you earned some income in Australia http://www.ato.gov.au/individuals/co...67&mfp=001/002

As you were unlikely to have fulfilled the residency requirements they are totally up the creek - beginning to think it may be a scam as well!

LINZI

I hope you get it sorted

comet555

Did you call a phone number listed on the letter, or did you look up the phone number directly from the ATO website?

It does seem odd to me as well and I would be very suspicious of it. I would double check the contact information and make sure it's legitimate. You can find the ATO contact info here:

http://www.ato.gov.au/default.asp?menu=4081