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💘 Tax fraud reporting
When it comes to fighting tax evasion, the Australian Taxation Office (ATO) is well-known for its tenacity. Dark data and tip-offs from all over the world are also gathered painstakingly over years (and even decades!) in the pursuit of tax evasion.
The successful prosecution of Phillip Northam by the Australian Taxation Office in 2020 was a major victory for tax fraud investigators. Mr Northam was certainly not planning to be welcomed at the airport by stalwart tax compliance practitioners on a flight to Australia from sunny Vanuatu. Northam was found guilty of several tax fraud charges in August by the Brisbane District Court, capping a 19-year, multi-million-dollar ATO investigation into complex business asset stripping and tax evasion.
The ATO is also known for its deft use of data leaks to compel corporate tax disclosure in off-shore transactions. The ATO manages to successfully expose offshore tax havens as a result of the global Panama Papers leak in 2016. To date, this has resulted in over $140 million in additional liabilities, with a limited number of criminal investigations still ongoing.
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Our attorneys have years of experience defending people who have been on the wrong side of the law when it comes to tax matters, so you can be assured that you are in good hands with Australia’s most awarded criminal defense firm.
Sections 134.1(1), 134.2(1), and 135.4(3) of the Criminal Code Act (the Act) constitute the key provisions for prosecuting tax fraud, also known as tax evasion, with maximum sentences of ten years in jail.
Section 135.2(1) of the Act, titled “Obtaining financial benefit,” provides an alternative to the above offenses with a much lower maximum sentence – 12 months rather than 10 years in prison.
Where the prosecution’s argument for tax evasion is high, a defense lawyer might be able to get a charge that carries a maximum sentence of ten years in prison dropped in favor of this less serious charge.
Obtaining a Financial Advantage by Deception is a crime punishable by up to ten years in prison under Section 134.2 of the Criminal Code Act 1995. The prosecutor must determine the offence beyond a reasonable doubt by proving:…
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The definition of what constitutes a criminal act in Australian tax law is very precise. Obtaining a financial benefit, tax fraud, conspiracy to defraud, and tax evasion are the most common tax offenses covered by Commonwealth legislation. Each of these is a separate offence that violates a particular provision of the Criminal Code Act 1995 (Cth) (‘the Act’) and is thus subject to criminal investigation and prosecution.
Understanding which crimes are covered by which sections of the Act, as well as the potential penalties for violators, will help you appreciate the enormous risk you’re taking by engaging in some kind of tax evasion or fraud. This will also help you decide whether you need the help of a financial expert to straighten out your finances or a law firm to protect you against charges of committing an illegal act against the Commonwealth or other taxpayers.
The most common offenses are fairly simple, and they are almost never committed by mistake. If you believe you have unwittingly committed a felony, you can immediately contact a lawyer.
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Tax evasion is a major threat to the nation because it obstructs the delivery of utilities, products, and other resources. In this regard, it is important that you understand the tax code in order to avoid breaking the law and to become an advocate for it.
Tax evasion and tax avoidance are the most serious types of tax offenses, and they are related to more serious crimes committed also by government officials. As a result, the inquiries into these crimes are lengthy, to the point that the country is forced to rely on outside support and assistance.
Abusing the tax system, revenue, or super programs for personal gain is illegal in Australia, since it obstructs the distribution of earned revenue to the government.
An person or a group of people may break a tax law in a variety of ways. Those who purposefully conceal their earnings or file false statements in order to avoid paying taxes are breaking the law. Officials in the government who use their administrative positions to demand benefits and payments they are not entitled to are therefore breaking the rule. In this respect, someone who is expected to pay taxes has the potential to break the law.