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Recently RMAs are reporting having received letters from the ATO which ask them to amend their tax returns. Migration Alliance is in receipt of emails from RMAs such as the following:
"Dear Sir/Madam,
Greetings!!!
As I have understood MA has been always there to help/guide the Migration Agents with any difficulties they come across time to time.
Recently lot of RMAs' has received notice to amend the tax returns from ATO. I was wondering if it has come to your notice and if there was any useful tips to handle the situation. Your support in this matter will be highly appreciated. Thanks for your cooperation. "
Migration Alliance believes that this is an ATO scattergun approach with business owners who are also RMAs. If you have any concerns please speak with your accountant. If you have nothing to amend then please have your accountant write back to the ATO advising them of 'no amendments'. Please seek advice from your accountant.
Your notice might look something like this:
Dear Colleague,
I have not as yet received a letter from the ATO but let's assume that one is winging its way to me.
Let's also assume that the ATO has access to the blog.
When a colleague showed me their letter I thought it must have been a joke or some phishing scam but it may be the real deal.
Ok, assuming that DIBP has given ( disseminated) the BIR ( Business intelligence report) data for you to the ATO, what the ATO knows is that you have been identified as the RMA ( via your MARN) who has carriage of a particular matter.
What the ATO will do then is impute an average fee for each matter and then matching that gross income against your declared income as disclosed in your tax return. That raw data is broadly indicative but does not identify the entity that may be employing you. Thus,this is a pretty unsophisticated data matching exercise.
Similarly what the ATO will also have done is to make contact with the Sponsors who pay 'commission' and they will also include educational institutions.
They will all have been approached to provide that data so it can in turn be ascribed. Your tax return may not indicate the individual sources of income but you should assume that a review of the PAYG group certificate and other income, if it does not mention payments for some "commission" then your name will go to the top of the list.
I think it is obvious to say that all income must be declared.
However, the decision of the ATO to "target" RMAs is only possible because of the requirement for registration and the gathering of data by DIBP who then disseminate that data as they wish. This is the "price" you pay for having any dealings with Government.
There is another view that you may wish to take in relation to these Notices.
This reminds me of being at school when the headmaster said.." I know who you are and I want you to come forward"....I always thought this was code for " I don't know who you are and I want to find out so that I can punish you"
Maybe it is just me?
My advice is ..always incorporate...be a PAYG of your own business...and declare all income, employ an accountant ( it is tax deductible) and pay your GST quarterly and submit your tax returns on time. Don't procrastinate!