How serious is tax evasian?

Jack91 · 13-12-2007, 07:53 PM

Ok, my brother in law (idiot who is an @sshole to my sister) is getting in quite serious trouble from the ATO becuase he didn't pay taxes from the businness that he used to own. He's married to my sister and she owns a new toyota aurion. His name isn't on the car. He hasn't payed for the rego or insurance before. All the fights they've been having over money lately, I presume that they are soon going to divorce eachother. If sh!t turns to pineapple jam can this @sshole take my sisters car?

Reign · 13-12-2007, 08:13 PM

i 99% sure... no if its not in his name it can't be taken from your sister

Laminge · 13-12-2007, 08:13 PM

Obviously the edit from yesterdays post didnt get your attention, so will make it clear here, dont try to avoid the swear filter, I guarantee you its harder to avoid the ban filter.

Please respect the fact that you do not need to swear to get your point across and we will all have a mutual relationship

jabba · 13-12-2007, 08:14 PM

Tax evasion is Very, very bad... in the order, these are the authorities you don't screw with.
Customs
ATO
Fed police
local police.....
The ATO are hard *** and unless you have a very expensive and good lawyer you Bro inlaw is screwed.......

He will find it very hard to legally obtain your sisters car..

Nostalgia · 13-12-2007, 08:19 PM

Buy your brother in law soap on a rope and wish him all the best. He is going on a holiday for a while. The Authorities dont take to this kind of matter too nicely. And im confident that your Sister will keep her car. Cheers, Adam.

Jack91 · 13-12-2007, 08:59 PM

Ah, it hasnt gotten too serious yet. Just that he's disregarded a few letters and only accepts calls from numbers that he knows. It was actually my sister who found the letters in his car. Just now he's stormed out and left my sister crying, he has so many debts now (mainly gambling) that he cant keep up, and he keeps taking money out of sis's bank account. Im sitting here listening to Metallica trying to block it out, because I know if I went ouside when he was yelling at her things would have ended badly for one of us, most likely me but I would've had a go anyway.

aye you · 13-12-2007, 09:05 PM

Firstly your sister is fine because the car is fully in her name it is not classified as equity for your brother inlaw as he legally has no right to it.

Secondly, your brother in law is screwed, as has been said. If he continues to ignore the ATO he will either get a notice to attend court, or a visit from the police be it local or federal to spend some time in the lock up, attend court, then go back to gaol for a long time.

and tell your sis to change her bank

Racecraft · 13-12-2007, 09:21 PM

if they are married it is my understanding that the ATO is entitled to recoupe the monies from the partnership.. Didn't they change the law a few years back to stop shonks just transferring the deeds of assets into spouses names.. I know that isnt the case of the op but the law was changed?

jaydee · 13-12-2007, 09:25 PM

You can kill, rape, maim and pillage but whatever you do don't screw the government or you'll pay big time.

gazza750 · 13-12-2007, 09:34 PM

under law a marriage is considered a partnership whats his is hers and what is hers is his .
you will find the ATO can legally take any assets they think necessary to recover a debt to them

EA2BA · 13-12-2007, 09:39 PM

Quote:

Originally Posted by Racecraft

if they are married it is my understanding that the ATO is entitled to recoupe the monies from the partnership.. Didn't they change the law a few years back to stop shonks just transferring the deeds of assets into spouses names.. I know that isnt the case of the op but the law was changed?

That was stop transferring assets when they see the writing on the wall and avoid losing it all. The car has always been her name and I assume bought with her money that asset will be perfectly safe as fas as I know.

I suggest your sister get out and cut all loses, doesn't sound like it's worth while staying around from what you have said.

The G6ET Spot · 13-12-2007, 09:45 PM

Ask Glenn Wheatley how serious tax evasion is.

He's spending 18 months behind bars for it.

If there is one thing that the government will chase you high and low for.

It is tax evasion!!!!!!!

t2te50 · 13-12-2007, 10:10 PM

The dude I was working for was doing a lot of under the table cash jobs for people. The ATO eventually did an Audit on him and now has gone into involuntery insolventcey. His also copped a $250,000 fine.

prydey · 13-12-2007, 10:42 PM

tax evasion is what brought al capone undone.

thats if you believe 'the untouchables'

Rodp · 13-12-2007, 10:47 PM

The punishment is a lot worse than not being able to spell it.

MrEL · 13-12-2007, 10:48 PM

The long and the short of it is that the ATO will have a hard time getting your sisters car.
If they divorse it is a different story and all bets are off. When it comes to property settlement everything is done on contributions. If he can prove that he contributed to the costs of the car both in running and purchasing it he is entitled to be financially compensated for that share.
It is not hard for them to do. I have just got divorsed and got bent over bad by the ex missus.

NGN 351 · 13-12-2007, 10:57 PM

IF your sister was a part owner/director of the company then the ATO will hunt down anyone or partner of a business if they owe them money. If your sister was not either of these then the car is hers BUT if she can be shown to be part of that company she might as well just hand over the keys now...

Scott · 13-12-2007, 11:00 PM

Quote:

Originally Posted by jabba

Tax evasion is Very, very bad... in the order, these are the authorities you don't screw with.
Customs
ATO
Fed police
local police.....
The ATO are hard *** and unless you have a very expensive and good lawyer you Bro inlaw is screwed.......

He will find it very hard to legally obtain your sisters car..

1. ATO
2. AGD
3. DoD
4. ACS
5. DOTARS

The ATO are the most sadistic by a mile.

troppo · 13-12-2007, 11:31 PM

Tax evasion?....about as serious as a heart attack.

Pretty sure your sisters car should be OK though.

Smoke Pursuit · 13-12-2007, 11:37 PM

Theres alot of misguided crap in here.

If he was running a business, then what type of Business, Sole Trader, Company etc? The ATO cant touch your sisters car if its in her name, all they can really do is chase her husband to the point where he has to bankrupt himself. Will depends on how much he owed them, usually the ATO walks away if theres no assets to be had.... It costs them money to chase, and usually if they dont think they can cover costs then some they dont bother.

Hunter · 14-12-2007, 01:09 AM

Ahh Glenn Wheatly... silly silly man with too much money and not enough sense. I wonder if I stuck coal up his date would I get a diamond back?

Anyway, I have a personal philosophy: Don't screw with the ATO - they're one of the few government agencies with the means the motive and the money to come and do you over like a well cooked christmas ham.

I think Chopper Read would be easier to deal with than the ATO.

Bent8 · 14-12-2007, 03:05 AM

Quote:

Originally Posted by prydey

tax evasion is what brought al capone undone.

thats if you believe 'the untouchables'

that's true, they couldn't get him on his other crimes (not enough evidence), so they went with tax evasion...the really ironic thing there is that the IRS (US tax dept) has no law that says you have to pay an income tax.

GT0132 · 14-12-2007, 02:58 PM

Quote:

Originally Posted by MrEL

The long and the short of it is that the ATO will have a hard time getting your sisters car.
If they divorse it is a different story and all bets are off. When it comes to property settlement everything is done on contributions. If he can prove that he contributed to the costs of the car both in running and purchasing it he is entitled to be financially compensated for that share.
It is not hard for them to do. I have just got divorsed and got bent over bad by the ex missus.

Yep what he said...I'm going through a divorce at the moment...All assets and liabilities (incl superannuation)are bundled together and the net proceeds are split based on the contributions each party made to the marriage (not necessarily financial contrib.) , ages of kids and who has custody of them. It's irrelevant who paid for the car (or any other asset they own for that matter) and she will effectively share in his debt to the ATO if they enforce it, so better off for her if he goes to jail instead...that's assuming they do divorce.

xwgasaxe · 14-12-2007, 03:01 PM

You get less Jail time for murder than if you ripped of the government !!

TZENU · 14-12-2007, 03:36 PM

Quote:

Originally Posted by jabba

Tax evasion is Very, very bad... in the order, these are the authorities you don't screw with.
Customs
ATO
Fed police
local police.....

Your forgot one more.... Women

BOOSTDEF · 14-12-2007, 06:37 PM

Quote:

Originally Posted by gazza750

under law a marriage is considered a partnership whats his is hers and what is hers is his .
you will find the ATO can legally take any assets they think necessary to recover a debt to them

Why not sell the car to another family member for $1?

Wait till all calms down, then buy it back!!!!!!!!!

Easy!

Nostalgia · 14-12-2007, 06:39 PM

Quote:

Originally Posted by BOOSTDEF

Why not sell the car to another family member for $1?

Wait till all calms down, then buy it back!!!!!!!!!

Easy!

Excellent idea. Legal too.

Virgil83 · 15-12-2007, 05:16 PM

Quote:

Originally Posted by NostalgEA

Excellent idea. Legal too.

I see an "Alan Bond" in the making, LOL.

Bobman · 15-12-2007, 05:50 PM

Generally speaking. The ATO would go after people who evade tax in large sums?

I doubt you'd be going to jail if you evaded a small sum.

Taxman · 15-12-2007, 06:07 PM

It is with a modicom of amusement that I read the advice and comments that has been given here. Some of these responses would go in the ATO's humour file. I spent 28 years working for the ATO before I took a redundancy package several years ago at that point in time I was a Project Manager in Business Audit, I am now self employed and working on the other side of the fence as a Registered Tax Agent.

If it is only letters from the ATO at the moment - they have not even started getting serious. Tell your brother in law to go and talk to them and negotiate a payment plan - if he is reasonable they will endeavour to accommodate his proposals within reason. Pretend to be a ostrich and it will only make things worse. He will get brownie points for being open & forthright with them - this is the advice that I give to all new clients when they come to me with this sort of problem.

If he lacks the courage to do it on his own - enlist the aid of a comptent Registered Tax Agent who can interceed on his behalf through established channels.

With regard to the car, if your sister is contemplating divorce proceedings suggest she see a solicitor preferably one practicing family law to get the current actual interpretation of the law as it would apply to her individual situation and not from every barracks room lawyer who has heard from a mate of a mate of a mate and if you follow their advice she could possibly find herself in an even bigger mess.

Sorry if I have upset or offended anyone but I am getting tired of digging clients out of messes being created by their following the advice of self appointed 'experts' who don't have a clue what their talking about - they are a dangerous commodity. Please leave legal problems to those qualified and licensed to deal with them. You would be doing the individuals a far greater service by refering them to professionals with a good reputation rather than throwing your two cents into the pot and creating additional problems in an already stressful situation.

The current defination of an 'expert' - X is the unknown quantity you get when you put a drip under pressure (spurt).