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22 Jun 12 Member Feedback

More on contractors/employees

MEMBER 134 writes:

"The subcontractors (employee) [situation] is a farce, and there are still a large number of businesses paying subcontractors who should be employees, even some businesses not employing them unless they have an ABN.

We tell them that we cannot obtain an ABN without filling out the application incorrectly but they appear to be obtaining one.

Go to the building industry, mining areas etc."


MEMBER 135 writes:

"It’s always good to see some humour in TAXVINE:

'Note that the addendum is incorrectly titled "SMSFR 2009/4A1". It should read "SMSFR 2009/4A2". SMSFR 2009/4A1 was issued on 21 April 2010. This will no doubt require an addendum to the addendum.'"

TAXVINE COMMENTS: Thanks Member 135 but, unfortunately, it did not come to pass, as the ATO has altered the number of the addendum without a further addendum.

On ATO systems and procedures

MEMBER 136 writes, in response to Member 130's comments about the ATO requiring the lodgment of a return for an income year preceding the year in which a new SMSF was established - see 2012 TAXVINE No 22 (15 June 2012):

"I have the same frustration as previously reported by Member 130. What I have found is that the ATO produces lodgment reports at the end of the month that DO NOT have these type of files listed - that is, [not unlodged for 2011 when] first registered with TFN in 2012 - whereas the reports we access to monitor our lodgment lists (or if we check the Portal) show the client as unlodged. It is a pity the ATO cannot show consistency and not waste our time.

In respect of seeking an extension, I believe these are not read at all. I had an elderly client, in his 80s, whose wife passed away and the ATO just said extension declined, reasons were not sufficient!!! Honestly, what else do you need to have occur to you, except your own death and this surely would not be sufficient either. The ATO is just building a 'we versus us' attitude which is not conducive to good relations with the Tax Agent community."

More on the new ABR system

MEMBER 137 writes:

"Has anybody else had a problem with the new and improved (not) ABR? Just registered a new company, received the ACN, went online via ABR to lodge ABN/GST/PAYGW registration.  The application form has changed, worked through the new form, not given an option to register for GST or PAYGW, lodged the form received the ABN then it says that it can’t process other registrations at the moment. No indication as to when I will be able to, probably won’t get the TFN for a month so how do I register for GST or PAYGW?"

THE TAX INSTITUTE’S TAX COUNSEL, STEPHANIE CAREDES, COMMENTS: “There are several ways to apply for GST and PAYGW registration while the ABR website is undergoing its upgrade. It would be best to look at the link on the ABR website for ways to apply for GST and PAYGW registration 

On a "12 week delay" refund

MEMBER 138 writes:

"I have finally got back a refund lodged on 23 September 2011. The client had one PAYG Summary, WRE of $339, Donation of $50 and rental property loss joint with spouse $11,295, refund $2,834. 9 months wait.

Obviously this person was a massive risk to revenue and needed a full audit, also just as obvious the ATO should ignore correspondence, require a Notice of Objection, ignore numerous complaints including the online Relationship Manager, take months to make a decision, take months to issue an amendment.

But the client got $39 interest for waiting so long.

It is really poor that no-one in the ATO has responsibility (no ownership) of anything, so matters simply get handballed around.

It is simply pitiful that the Commissioner and his executive think they are doing a good job.

I have a moment so I will send off a complaint to the Taxation Ombudsman and lodge a Compensation Claim for my lost time."

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