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Re: Voluntary Deregistered Company before tax returns lodged

Newbie

Views 851

Replies 4

Hi there, i have an issue with a company I voluntary deregistered before the paper tax returns were lodged/received. 

 

I have spoken to ATO about this and they advised they cannot process the tax returns until the company is reinstated.

ASIC advised that it is ASIC Policy not to reinstate a company merely for the purposes of lodging a tax return if it has been overlooked during the deregistration process. There needs to be a debit/credit on the ATO portal at the time of deregistration. However, if the ATO can provide a letter stating the company needs to re-instated as it has a debt then they should accept the reinstatement of the company.


This issue has been dragging on now for almost a year and I have been going around in circles trying to get this resolved. Can the ATO provide supporting documentation to help me get the tax returns lodged.

 

I beleive due to COVID the paper returns were firstly lost and then held up after i had to redo the paper lodgements by registered mail.

 

If you can advise me what I can do or provide a letter this may help me get company reinstated.

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 3

Hi @Theg123,

 

Thanks for joining community to have this explored.

 

The rules around 'Deregistering a company' are stipulated on our website and ASICs stating it is important to note that deregistered companies must lodge a final company tax return prior to being deregistered by the Australian Securities and Investments Commission (ASIC).

 

Again, on both our websites it states that there are only 2 ways to have your company reinstated.

One is to go via ASIC however if they have already advised you it is not in their policy to reinstate your company due to not completing your obligations then you will have to go through the second option which would be to apply to the courts to order ASIC to reinstate your company.

 

Please view the following 2 website pages for all the information you need:

 

Unfortunately, there is no letter the ATO can provide to you or ASIC to have that company reinstated solely for the purpose of completing your obligations.

 

Wishing you all the best with it.

4 REPLIES 4

Most helpful response

Former Community Support

Replies 3

Hi @Theg123,

 

Thanks for joining community to have this explored.

 

The rules around 'Deregistering a company' are stipulated on our website and ASICs stating it is important to note that deregistered companies must lodge a final company tax return prior to being deregistered by the Australian Securities and Investments Commission (ASIC).

 

Again, on both our websites it states that there are only 2 ways to have your company reinstated.

One is to go via ASIC however if they have already advised you it is not in their policy to reinstate your company due to not completing your obligations then you will have to go through the second option which would be to apply to the courts to order ASIC to reinstate your company.

 

Please view the following 2 website pages for all the information you need:

 

Unfortunately, there is no letter the ATO can provide to you or ASIC to have that company reinstated solely for the purpose of completing your obligations.

 

Wishing you all the best with it.

Newbie

Replies 2

Hi @CasATO thanks again for your response to my emailed in question about re-instatements.

 

I will follow up with your suggestions. Cheers

I'm new

Replies 1

Hi @Theg123 

I'm curious, have you managed to resolve your issue? I have found myself in a similar position and getting nowhere with either the ATO or ASIC, and would be interested to know how it ended for you.

Apologies, I know your original message was over 6 months ago now.

Thanks

Community Moderator

Replies 0

Hi @jasmineiij 

Just wanting to know how you are going and if you have any questions you'd like to ask us? We can't look at your actual account but we may have some directions or steps you could try.