Solutions Empowerment Victories: Success Stories & Strategies
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ATO deductions
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ATO deductions
Hi
Hoping someone can help with the following ATO My son sent in his 2025 tax return with an attached Affidavit.
The ato first sent him a text to let him know they were about to call him then tried phoning him to which he did not reply. (He did not put a phone number on his Tax Return only an email and PO Box.
He received an email from them not signed but telling him to contact them on a 1300 number within 3 days (by this June 19) to talk to them about the info they need about his deductions (we assume the deductions for ‘work related expenses’). He has also been given a number to quote so they know they are speaking to the right person.
If he doesn’t reply they state “…we may adjust your return based on information we have available and send you a notice of assessment”
They are assuming that this will be sorted over the phone. No paper trail.
Are we on the right track if we ask them to email/mail the questions have regarding the deductions.
OR
Is it better if we email (to whom?), the info about the deductions stating that the amount disclosed as ‘other work related expenses’ is amount spent as living costs in sustaining the life of the principal soul and creditor answering to the name of……,
and that the sum of $……..withheld was derived from the productivity of labour of the living soul answering to the name “…………..” being property of the living soul and is to be returned to the living soul and that productivity of labour is not taxable and is omitted from the Tax Acts definition of the word Income. (These paragraphs are as written in an Affidavit in Marks Tax Information package Module 2.
Any help or suggestions would be appreciated
Many thanks
Irene
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11 Replies
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Actually, in addition to the above request for help with a reply to the ato, they have not rebutted any of the facts in the affidavit wherein explanation is given for the amount disclosed in ‘other work related expenses’ and the private man is entitled to the remittance of all withheld tax in the name of the entity etc
So would it be better to attach a copy of that affidavit and state that when/if they have any problem with what is stated in it then we will answer their queries.
The other deductions are for car expenses and laundry …work in mining sector
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Best to ask Mark tonight. Get in Early as soon as it opens up Try at 6.50pm when the zoom opens
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Thanks Dave ..will do that
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Good Morning Dave
I received a reply in the zoom Q&A Thank you.
I forgot to ask how to sign the response to the email even though the ato has not signed their email and only addressed it:
Hello ‘Name’ (First name only) .
Is it enough to sign the email:
‘Name’ (First) & ‘All rights Reserved’ underneath?
OR
‘Full Name’ & All Rights Reserved underneath?
OR
‘Name’ as they have addressed me?
Or should the signature be the same as was signed on the Affidavit attached to the Tax Return? Which is:
“Full name”
Only in capacity as executor and beneficiary of the Estate title
“FULL NAME”
All rights and dominion reserved.
This is so simple for some!
They mention in their email that an authorised ‘person’ I have given permission to, to share my information, can answer for me.
If you aren’t sure, I’ll have to wing it and will probably sign it:
“Full Name”
All rights reserved
Thanks Dave for any help.
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I would think it would be best to reply to the email and state that you don’t consent to phone or email communication. And all communication is done via post. That way whoever communicates to you should have their name connected to the letter. So then you can direct any communication to a man/woman. Maybe someone else has some thoughts on this.
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That sounds like the better thing to do. The email has been replied to via email. If another email comes we’ll use your suggestion
Thanks Dave
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Good morning Dave
Still on the same issue.
After 2 SE Q&A’s and sending reply to their offers, we were offered $1000 and the audit was declared finished.
Our mail to them criss-crossed as we’d accidentally sent a reply back one week late! In that late reply we again asked them to read and rebut the Affidavit. They replied without mentioning our late reply and sent a cheque for $3600. They still have not mentioned the Affidavit. This cheque is still an offer?? We can write back saying that “Did you not read the Affidavit that supported my Tax Return? I will accept the offered cheque of $3600 once I see evidence that the information contained within my Affidavit was deficient or insufficient to address my claim for the return of my property being the withheld tax. I will return the cheque.”
Send that or similar or just accept the cheque and count it a blessing that we’ve not been fined?
Thank you for any reply
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No sure what advice to give there. I put in a amendment for the 2nd previous year and I received a warning that they were going to watch me closely and could receive an audit. I didn’t worry about trying to claim for that year but i did put a an affidavit for last year and got all that years tax back.
Some has gone back 5 years and being successful.
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We attached the Affidavit (from SE Tax Module) to the Affidavit and have asked them to respond to it. They just reply as though the Affidavit is non existent.
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Correction for last post..
We attached the Affidavit (from SE Tax Module) to our Tax Return 3 times but they reply with no mention of it and they’ve cancelled our Tax Return according to their Statement and attached a cheque for $3600 (we asked for $32000). Their amount was calculated to match our past tax returns.
Thanks Dave for your earlier reply.
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I doubt they will reply. When they threatened me with an audit, I sent them a conditional acceptance letter 3x and they didn’t respond. Silence is acquiescence