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no access to company information to do wages

Newbie

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Replies 2

A company has husband as sole director and wife as company secretary. Wife has access to company information because each night when the company received the sales from restaurant she transferred out to her personal bank account. The company cannot do the books and payg payment summaries for employee. Husband requested for data she refused to give. what can you do? Can the ATO enforce her to send information. They are divorcing and she will not co operate to give any information.

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

ATO Community Support

Replies 0

Hi @KB9 ,

 

If the Director has access to the STP solution used to submit the payroll data he can view the pay events and if they've been submitted for the full financial year he can finalise the data. The final pay events lodged in relation to the 2019-20 financial year will show year to date (YTD) amounts. If these totals are correct he can finalise. If they're not, the YTD amounts can be manually adjusted to the correct figures and then finalised.

 

If the Director has access to the Business Portal for his company he can view STP payroll data under Manage employees. If the Director doesn't have access he would need set up his myGovID then Link his business and Authorise others to act online for his business (if required).

 

He'll be able to view any lodged BAS via the Business Portal. Information from the BAS could be used to calculate the business income etc for the company tax return lodgement.

 

We can provide information and issue copies of lodged BAS and other documents if requested. Due to the circumstances it may be worthwhile in contacting us to see if deferrals on lodgements can be granted and other support available.

 

We can't enforce the Company secretary to provide information required for the obligations to be met. We can only issue notices to the entity if obligations are overdue. With a company the Director/s hold the ultimate responsibility of ensuring tax, super and employee obligations are met.

 

The Director may need to seek legal counsel on how to proceed due to the Company secretary withholding information. Also, have a look at the information on our website in regards to Making a tip-off 

 

I hope this information helps and thanks for posting,

JasonT

2 REPLIES 2

ATO Community Support

Replies 0

Hi @KB9,

 

Thank you for your post. I'm sorry to hear of the difficulties in this situation. Your client would need to seek legal advice in relation to accessing information held by his ex spouse. It is still his responsibility to lodge within the required timeframe. If he needs to request a deferral for lodgement he can contact us for assistance. 

 

Hope this helps.

 

Regards,

Jodie2.

Most helpful response

ATO Community Support

Replies 0

Hi @KB9 ,

 

If the Director has access to the STP solution used to submit the payroll data he can view the pay events and if they've been submitted for the full financial year he can finalise the data. The final pay events lodged in relation to the 2019-20 financial year will show year to date (YTD) amounts. If these totals are correct he can finalise. If they're not, the YTD amounts can be manually adjusted to the correct figures and then finalised.

 

If the Director has access to the Business Portal for his company he can view STP payroll data under Manage employees. If the Director doesn't have access he would need set up his myGovID then Link his business and Authorise others to act online for his business (if required).

 

He'll be able to view any lodged BAS via the Business Portal. Information from the BAS could be used to calculate the business income etc for the company tax return lodgement.

 

We can provide information and issue copies of lodged BAS and other documents if requested. Due to the circumstances it may be worthwhile in contacting us to see if deferrals on lodgements can be granted and other support available.

 

We can't enforce the Company secretary to provide information required for the obligations to be met. We can only issue notices to the entity if obligations are overdue. With a company the Director/s hold the ultimate responsibility of ensuring tax, super and employee obligations are met.

 

The Director may need to seek legal counsel on how to proceed due to the Company secretary withholding information. Also, have a look at the information on our website in regards to Making a tip-off 

 

I hope this information helps and thanks for posting,

JasonT