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Re: Thank you ATO Community

Commissioner of Taxation

Views 2938

Replies 9

As we move towards the end of 2020, though many are still feeling the impacts of COVID-19, the light on the horizon seems to be getting brighter. I want you to know that we hear you, your questions, your feedback and your challenges, and are committed to continuously improving the services we provide by putting the client at the centre of everything we do.

 

In the face of uncertainty, I have been heartened to see people pull together on ATO Community to share advice and support each other through these tough times. I want to thank everyone who asked questions and shared their experience and knowledge to help provide crucial support to Australians this year.

 

Enjoy the holidays everyone and take care.

 

Chris Jordan

Commissioner of Taxation

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Community Moderator

Replies 3

Hi @saanz,

 

Thank you for reaching out.

 

It sounds like the tax that your employer has been withholding is not showing on your Notice of Assessment 2019/20 year, is this correct?

 

Do you mind if we ask you some further questions so we can assist? Have you amended your tax return to include the information from your income statement provided by your employer?

 

You should be able to amend your income tax return using our online services. You will need to have access to myGov in order to do this, you can then amend for the 2019-20 financial year.

 

We note that you have shared your Notice of Assessment on Twitter, while you have blocked your TFN and some of your personal details we recommend taking this down in order to protect your privacy.

 

We take the integrity of the tax and super system very seriously and if you feel as though your employer hasn't done the right thing by you we would suggest reporting this so it can be looked into further.

9 REPLIES 9

I'm new

Replies 0

Hi Mr Commissioner,

 

I just signed up to ask how we tell you our turnover has improved and saw your kind message…

 

Without Jobkeeper, our family-run restaurant wouldn’t have survived. Thanks to you and your office, we’re opening our doors again just in time for Christmas Heart

 

Sincerely hope everyone has a wonderful break. 

 

PS I found the answer to my question on another page Smiley Very Happy

Devotee

Replies 0

It's so good to see messages like this. It gives me confidence people actually care and are working behind the scenes to look after us. It's been a huge year. Thanks to everyone who answered our questions and helped us help

our clients through JobKeeper. 

Happy holidays 🎄🎅🏻

Devotee

Replies 0

Thank you ATO Community! Happy holidays to all the team that make this site happen.

I'm sure we all ageee there were some crazy times this year and it was super good to come here and chat through the tricky COVID questions. 

Devotee

Replies 0

Thank you ATO and all the people behind the scenes who worked day and night to help the community last year! I hope that you all had some kind of holiday. Heading back into the office for the first day of work I'm feeling nervous for what 2021 might bring with all the media coverage on border closures recently. However I also feel solace in the ATO's ability to help us through whatever economic disaster may come our way.

 

Happy new year 

Newbie

Replies 4

Hi

 

This is to expose how employers in Australia are rorting and making money. Individuals like me try to expose as we work with them but the systems only put hurdles in the way and in turn gets harasaed and disappointed. Hope you will go through the issue and advise.

 

https://twitter.com/Sanjay75850617/status/1345872888117690368 

 

Thanks

Most helpful response

Community Moderator

Replies 3

Hi @saanz,

 

Thank you for reaching out.

 

It sounds like the tax that your employer has been withholding is not showing on your Notice of Assessment 2019/20 year, is this correct?

 

Do you mind if we ask you some further questions so we can assist? Have you amended your tax return to include the information from your income statement provided by your employer?

 

You should be able to amend your income tax return using our online services. You will need to have access to myGov in order to do this, you can then amend for the 2019-20 financial year.

 

We note that you have shared your Notice of Assessment on Twitter, while you have blocked your TFN and some of your personal details we recommend taking this down in order to protect your privacy.

 

We take the integrity of the tax and super system very seriously and if you feel as though your employer hasn't done the right thing by you we would suggest reporting this so it can be looked into further.

Newbie

Replies 2

hi Kylie

 

Thanks for reposnse. Sorry i could not reply early.

 

1. I wanted to know what the employer is supposed to do with the tax withheld?  When employer has to report last years employees income, tax data to ATO? What if ATO says they have no information of my income or tax withheld from the employer?

 

2. I had lodged the return online only,  using the figures in PAYG summary from employer. But it was amended by ATO in first assessment after checking my bank statement hence you feel the information is missing in first amended assessment.

 

3. Your answer to more information must be in the below attached message.  Still if you require more informaion, please write back.

 

Employeee on temporary work visa 457.
December 2019 employment is terminated.
3rd February 2020 PAYG is generated or signed.
Employer knew that temporary work visa of employee is expiring on 5th February 2020 and employer had taken every effort to make sure that employee leaves Australia in Feb 2020.
Fortunately or unfortunately i did not leave Australia as expected by employer.

On 26 october 2020 employee receives PAYG after reminders to employer.
Employee files return as per PAYG received.
ATO requests bank statements of employee quoting ATO did not find any information in their system from employer end about this employee or tax withheld while finalising the first assessment .
Employee submits his bank statement.
ATO audits, investigates and then isuse first assessment notice on 25 November 2020 saying no income was received and no tax was withheld.

Employee objects calling ATO, make ATO open the bank statements over the phone(which were not even opened and seen by ATO till now) and show the credit entries from employer for salary. The salary credited is the net salary after lawful and unlawful deductions by the employer. ATO totals the amount seen in the bank statement credit from employer and calculates tax on the amount. ( Tax is calculated on gross income or the net amount paid? i am confused).
ATO gives employee two choices. Either accept first assessment or this total sum as per bank statement as gross income. ATO expresses inability to do anything else. ATO says he does not care about the payslips or PAYG that employee have and is ready to show.
Employee repeatedly informs that employer has not reported my employment, tax withheld to ATO, about the PAYG and temporary visa status but ATO does not seem to be concerned with the PAYG or salary slips or visa status. ATO appears to be sure that employer is right and i am submitting false PAYG.
Employee accepts the second choice. what else can employee do on phone?

Second amended assessment is issued by ATO on 11 December 2020 showing bank credit as gross income and tax calculated on this income which is still incorrect and not as per PAYG.

 

Basic questions which need to be answered are.

 

What the employer did my tax withheld as per PAYG?

Doesnt ATO have power to ask the employer about the PAYG issued to employee?
ATO is confident that if employer has not reported to ATO, there was no employment. PAYG is fake.

What the employer is supposed to do with the tax withheld by employer as per salary slips and PAYG?
Is it not employer's duty as per law to report details of employee the gross amount paid and tax deducted for the year to ATO which should match the PAYG even when the employee is temporary visa holder or has left Australia?
Does PAYG has any meaning or it is just a paper with some figures on it which employer can fill as per their wish?
Tax is calculated on gross income as per salary slip or the net amount gone into bank?
Is this the way ATO audits, investigates, finalises tax assessments or government departments functions?


My assessment of the whole episode is: Employers are aware of how various government, other regulatory departments and the system functions in this country and take advantage of temporary migrant workers to exploit them as they dont have time, resources and knowledge to report and once such workers are out of country, such employers manipulate the records and rort the system. In my case also the employer strongly believed that i will return back to my country in February and then nobody will ask about the withheld tax. This same modus operandi was used on one earlier temporary visa worker sponsored by this same employer and the worker left this country fed up with the employer as he was not paid salary, exploited, harassed but on paper his salary was shown paid and tax withheld which is never reported to ATO till date.

 

More such blatant violations have been reported but either the government departments dont have power to investigate OR lack resources, will to investigate OR employers are confident of handling the enforcement agencies.

 

A lot more is there to come which will give insight into how temporary visa workers are exploited and millions of tax payers money is being rorted in this country by few.

 

 

I was not given a single payslip for 2 years of employment and this has been reported to various agencies Fairwork commision, Fair Work ombudsman, immigration, ato but till date i have not got any answer from the agencies.
On intervention of FWC judge, i received all 2 years payslips (tampered ones) after 6 months of termination of employment and no action happened till date. Employer managed to evade the answer till date as to why payslips were not given with every payment which is a basic requirement of Fair work.

 

 

 

Newbie

Replies 0

Lot more issues i have regarding this employer and the failure of systems in this country.   

Community Manager

Replies 0

Hi @saanz 

 

Thanks for getting back to us. We understand that you still have a lot of questions about your employer’s reporting obligations. To ensure we’re supporting you the best we can, we have sent a message to the email address you signed up for ATO Community with to discuss your situation in more detail.

_____________________________________________________________________________

 

We have now locked this thread, which means you can read the discussion but you cannot reply. Please start another thread if you have a new question.