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The Bar For non Automotive Related Chat |
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13-12-2007, 06:53 PM | #1 | ||
FF.Com.Au Hardcore
Join Date: Dec 2007
Location: Ballarat
Posts: 2,139
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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?
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13-12-2007, 07:13 PM | #2 | ||
Argg..
Join Date: Jan 2006
Posts: 58
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i 99% sure... no if its not in his name it can't be taken from your sister
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13-12-2007, 07:13 PM | #3 | |||
Cuban... nothing like it
Join Date: Dec 2004
Location: Watching in amusement
Posts: 11,643
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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
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13-12-2007, 07:14 PM | #4 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Is that your face, or did you neck throw up
Posts: 3,041
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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.. |
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13-12-2007, 07:19 PM | #5 | ||
LOW AND SLOW
Join Date: Sep 2006
Location: Geelong.
Posts: 2,644
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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.
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13-12-2007, 07:59 PM | #6 | ||
FF.Com.Au Hardcore
Join Date: Dec 2007
Location: Ballarat
Posts: 2,139
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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.
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13-12-2007, 08:05 PM | #7 | ||
The Origional, The Best
Join Date: Dec 2006
Location: Darwin, NT
Posts: 709
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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
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13-12-2007, 08:21 PM | #8 | ||
they call me Tibbo
Join Date: Dec 2004
Location: Brisbane
Posts: 6,163
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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?
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13-12-2007, 08:25 PM | #9 | ||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: Perth
Posts: 7,289
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You can kill, rape, maim and pillage but whatever you do don't screw the government or you'll pay big time.
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jaydee351 4DV8 |
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13-12-2007, 08:34 PM | #10 | ||
token import owner
Join Date: Jun 2007
Posts: 57
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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 |
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13-12-2007, 08:39 PM | #11 | |||
PM me if you want
Join Date: Dec 2004
Location: Pk Ranger Modding - QLD 👍
Posts: 7,498
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Quote:
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.
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13-12-2007, 08:45 PM | #12 | ||
FF.Com.Au Hardcore
Join Date: Oct 2005
Posts: 3,412
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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!!!!!!! |
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13-12-2007, 09:10 PM | #13 | ||
Banned
Join Date: Jul 2005
Location: melbourne
Posts: 403
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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.
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13-12-2007, 09:42 PM | #14 | ||
Rob
Join Date: Sep 2006
Location: Woodcroft S.A.
Posts: 21,777
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tax evasion is what brought al capone undone.
thats if you believe 'the untouchables' |
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13-12-2007, 09:47 PM | #15 | ||
Regular Schmuck
Join Date: Dec 2004
Posts: 5,640
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The punishment is a lot worse than not being able to spell it.
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13-12-2007, 09:48 PM | #16 | ||
Sick Puppy
Join Date: Jul 2006
Posts: 1,963
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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. |
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13-12-2007, 09:57 PM | #17 | ||
FoMoCo Fan
Join Date: Mar 2005
Location: BunVegas, W.A.
Posts: 276
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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...
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13-12-2007, 10:00 PM | #18 | |||
.
Join Date: Mar 2006
Location: Brisbane
Posts: 6,197
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2. AGD 3. DoD 4. ACS 5. DOTARS The ATO are the most sadistic by a mile. |
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13-12-2007, 10:31 PM | #19 | ||
Mr old phart
Join Date: Nov 2005
Location: Northern Terrorist
Posts: 1,715
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Tax evasion?....about as serious as a heart attack.
Pretty sure your sisters car should be OK though.
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An object at rest cannot be stopped!! BA GT-P Blueprint |
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13-12-2007, 10:37 PM | #20 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 22,928
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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.
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14-12-2007, 12:09 AM | #21 | ||
Ex EL Falcon
Join Date: Nov 2005
Location: Bris-bane
Posts: 683
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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.
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Our Lady of Blessed Acceleration, don't fail us now! |
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14-12-2007, 02:05 AM | #22 | |||
Long live the GT !
Join Date: Jul 2006
Location: Perth WA
Posts: 1,863
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Quote:
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14-12-2007, 01:58 PM | #23 | |||
FF.Com.Au Hardcore
Join Date: Apr 2007
Location: Miranda, NSW
Posts: 6,771
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Quote:
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14-12-2007, 02:01 PM | #24 | ||
under new management
Join Date: Dec 2006
Location: Perth
Posts: 1,325
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You get less Jail time for murder than if you ripped of the government !!
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XW tarmac rally car, 3/4 race cam, NGK spark plugs |
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14-12-2007, 02:36 PM | #25 | |||
XY Driv3r
Join Date: Jul 2005
Location: Melbourne
Posts: 3,004
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Quote:
Your forgot one more.... Women
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14-12-2007, 05:37 PM | #26 | |||
FPV GT Owner!!!
Join Date: Mar 2005
Location: Bellbird Park, West Brisbane
Posts: 2,416
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Quote:
Wait till all calms down, then buy it back!!!!!!!!! Easy!
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14-12-2007, 05:39 PM | #27 | |||
LOW AND SLOW
Join Date: Sep 2006
Location: Geelong.
Posts: 2,644
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15-12-2007, 04:16 PM | #28 | |||
Regular Member
Join Date: Nov 2007
Location: Brisbane
Posts: 37
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Quote:
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15-12-2007, 04:50 PM | #29 | ||
Regulator
Join Date: Jan 2005
Location: Melbourne
Posts: 4,168
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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.
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15-12-2007, 05:07 PM | #30 | ||
Taxman
Join Date: Aug 2007
Location: Yarrawarrah, Sydney
Posts: 116
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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). |
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