All Topics / Help Needed! / ATO Audit

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  • Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    Someone told me that if you have never been audited the ATO gives you one chance, then if you get audited again you have to show all receipts etc.

    Is this true at all?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    one chance at what? Like a get out of gaol free card? I don't think so.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Ashley CAshley C
    Participant
    @ashley-c
    Join Date: 2011
    Post Count: 36

    No way!  A good compliance history may help you plead your case but it will not stop them going through you like a dose of the salts.

    The consequences of having poor records can be catastrophic.  Maintaining your records is a dull but essential job.

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069
    Ashley C wrote:

    No way!  A good compliance history may help you plead your case but it will not stop them going through you like a dose of the salts.

    The consequences of having poor records can be catastrophic.  Maintaining your records is a dull but essential job.

    I totally agree. Why take the risk of not having accurate records? For those that use a property manager – it's not overly difficult to keep records. For those that self manage – an hour every month updating a spreadsheet should be all it takes.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,763

    The ATO goes through phases… sometimes they are lenient, other times they come across heavy handed.

    The old rule used to be that when there was an argument that something should / should not be included in your tax return then you were safe from penalties so long as you had a reasonably arguable position. I can't see this applying to shoddy record keeping though.

    Personally, I'd rather know my records are as they should be than hoping I don't get audited, and, if I do, relying on the mercy of the happy folks at the ATO.

    – Steve

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

    Profile photo of Ashley CAshley C
    Participant
    @ashley-c
    Join Date: 2011
    Post Count: 36

    Thanks Steve,

    The concept of a reasonably arguable position still exists.  It comes up when the treatment of an item is in dispute.  If a taxpayer can demonstrate a reasonably arguable position they will not be penalised if the ATO finds against them.  Notwithstanding, they will still have additional tax to pay and interest thereon.

    Lack of adequate records does not involve a dispute with the ATO.  It simply means that you can't meet your substantiation requirements to claim deduction and as such, those deductions will be denied.  You may also be fined for failing to meet your record keeping requirements.

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