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Post #54635 by taylor on 11:34 AM (in topic “Coa help for aat”)

Coa help for aat:

This is the hardest part that mystifies every self employed person:-
I hope that someone can shed some light on the matter:-  

Depreciation
Depreciation represents the loss or expense attributed to the use of business property or equipment. It is an entry in the business account that is not necessarily an expense that is actually incurred by the business. The aim of depreciation is to spread the cost of a capital asset (e.g. motor vehicle, plant and equipment, machinery, building) over the period of its useful life, with a portion of the cost being expensed each financial year.
A claim for depreciation can mean that a parent has financial resources available to them that are not necessarily reflected in their taxable income or the resources of the business. In cases that involve depreciation, the Registrar will determine whether receiving a benefit through claiming depreciation expenses results in a parent having greater financial resources or income than his or her taxable income would indicate. The Registrar will consider a parent's complete financial situation including the business' overall financial position and the individual circumstances of the case.
Example: If business income is reduced by $10,000 as a result of depreciation and that amount is then used for day-to-day personal expenses the depreciation amount may be considered as an additional resource and added back to the parent's adjusted taxable income.
Before depreciation expenses can be taken into account as income or a financial resource personally available to the parent, the underlying nature of the depreciation expense must be determined. If the amount claimed as depreciation is used or set aside for replacing equipment (e.g. a capital replacement fund) or is actually accounted for as part of ongoing business activities (e.g. to repay a loan on a depreciating asset or to otherwise reduce business debt), then this is unlikely to provide the parent with additional financial resources. Similarly, if the business operates at a loss even after accounting for depreciation expenses, these expenses will not be available to the parent as a personal financial resource. On the other hand, if the parent spends the benefit of depreciation on day-to-day living expenses or recreational expenses this will most likely be a reason for changing the assessment.
The Registrar can also consider the asset that is the subject of the depreciation expense, whether the asset is used for both business and private activities and whether the written down value is a reflection of market value.

Financial resources. Is the money available to a business for spending in the form of cash. Is it not ?

How can the CSA say that the a parent has financial resources available by the way of Depreciation. ?

Before depreciation expenses can be taken into account as income or a financial resource personally available to the parent, the underlying nature of the depreciation expense must be determined. If the amount claimed as depreciation is used or set aside-    How do you use or set aside a paper claim, its not cash…?

, if the parent spends the benefit of depreciation on day-to-day living expenses -  How do you spend a paper claim…….?

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Post #54634 by taylor on 7:49 AM (in topic “Coa help for aat”)

Coa help for aat:

Welcome Mate.
As I said before you will need to give a lot of information here.
How long has the company been running for.
How long has the CS period be going for.
What was the reasons behind the COA
What was the outcome of the COA
Tell us the whole story

 

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Post #54632 by taylor on August 16th 2019, 1:36 PM (in topic “Section 72A”)

Section 72A:

How does the CSA gain knowledge that you have funds in an account ?

How do they distinguish if an account is in a joint name ?

Are they reading information from your tax return or gaining knowledge from the ATO ?

Are they able to look into your banking details - Credits & Debits - to see what funding transaction are taking place ?
 

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Post #54631 by taylor on August 16th 2019, 1:14 PM (in topic “Section 72A”)

Section 72A:

Twilight said
So who's name is on the title to the house. Is it yours or the company. If it's yours then the CSA would be in the right.

I here you and I understand what the CSA can do.

But my point is that I am reading the CSA Law and it tells me the following. I believe that they have Breached that Law.
Am I not understanding the written terms of the CSA Law ?
or is this matter Defective administration ?

A section 72A. Before issuing the notice, the whole of the debtor's financial circumstances must be considered. The debtor must be allowed ordinary living expenses and the notice must not cause a default to occur on the debtor's regular loan repayments.  

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Post #54630 by taylor on August 16th 2019, 12:47 PM (in topic “Compensation”)

Compensation:

Thank you for all that information, it has been interesting reading.

So going through all of the information you have to prove the facts that the CSA have made an error of law.

Does that only apply to the CSA and/or SSAT AAT Magistrates Courts on defective administration.

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Post #54615 by taylor on August 7th 2019, 10:26 AM (in topic “Compensation”)

Compensation:

Questions if anyone can help.
Is there a time frame on how long to wait before you can make a claim?
Can you make more then 1 claim? EG: Make first claim and the CSA found guilty of defective administration. Then a second claim for financial loss, because you then have the proven facts from first claim.
Can you make a claim while you still have a debt with the CSA?
 

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Post #54608 by taylor on July 23rd 2019, 8:08 AM (in topic “DEBT COLLECTION”)

DEBT COLLECTION

Hi all. I don't know if this has been published on here, but here it is.

FOLKS - A REPORTER FROM CHANNEL 9 HAS ASKED PEOPLE TO EMAIL THEIR STORIES OF OUTRAGEOUS DEBT COLLECTION BY DHS - CENTRELINK.

Lets get the message to her regarding the outrageous debt collection practices of the CSA.

Please keep your stories succinct, highlight the unfair and sometimes illegal activities, and the outrageous statements CSOs make to you.

Her contact details are:
Emily McPherson at emcpherson@nine.com.au

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Post #54607 by taylor on July 23rd 2019, 8:05 AM (in topic “Section 72A”)

Section 72A:

Guest said
Have you thought of sacking the real estate agent and either manage the property yourself on behalf of your company or find a private agent to manage it?
You are correct in following the Act at the Guide is not law so you should go through the objection and appeals process and once you get to the AAT, they should follow the Act.
In doing so you would need to keep a record of your costs such as taking leave from work or forgoing earning opportunities to attend to these matters, so once you have completed the process and hopefully won your case, you can then file a claim against the CSP for defective administration via CDDA process. I have been there and done it and although it took some time, my claim was paid.

I did sack the Real Estate after showing them the CSA Law as its written and they refused to follow my suggestions as they had an obligation to fulfil with the section 72A notice.
I am in the process of a CDDA but I just need a dam good solicitor who knows the Law

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Post #54605 by taylor on July 22nd 2019, 1:04 PM (in topic “Compensation”)

Compensation

Hi all.
I am looking for a recommendation for a good solicitor for a compensation claim or to sue the CSA.

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Post #54604 by taylor on July 22nd 2019, 12:43 PM (in topic “Section 72A”)

Section 72A:

Basic Instincts said
Hi Taylor, having read your post I am not sure what you are really after when it comes to opinions and  or advice.  I think that if money is paid into a business account and not actually nominating a specific wage structure for an employee or otherwise, then I agree with section 72A.  On the other hand, I suppose you cannot expect the Real Estate Agency to get involved in your personal business, however in some way it is still you earning an income of sorts from your only source or another source.  The legalities in this matter might be better explored, and I think if what you have stated re the Ombudsmen's comments are correct then I would pursue that line of negotiation and see where to from here. (It seems like it might be your best option at this stage perhaps)

With regards to the information you have shared there are a few anomalies for the readers that might lead to further questions especially if you were going to pursue legal action:
 * Is this money the only income you earn? You have not mentioned anything in relation to this, and from my experience CSA will target the wage of the parent concerned.
 * As stated by you:"Before issuing the notice, the whole of the debtor's financial circumstances must be considered." …. have they done that? you have not said.
CSA and DOCS are government department who do not work with emotions, they are machines with a job to do, and that is what they do very well.

It might be of some advantage to you to seek legal advice, and there are some members on FLWG who might be of more assistance to you in that area.

Cheers.

Its  a long drawn out process. Numerous letters to the CSA and there refusal to respond to any letter is very frustrating.
* My only source of income is through the business. The rental does not produce an income, the rental money pays for 3/4 of the monthly loan repayments.

* As stated by you:"Before issuing the notice, the whole of the debtor's financial circumstances must be considered." …. have they done that? you have not said
  No they have not. They did it back in 2008 stealing money from my business account and the mortgage account. They have done the same thing on this matter and now they have contacted my previous accountant asking them for information about my company details so they can issue a section 72A notice against the company.
Its amazing how they can take the Law into there own hands and ignore the Law as it is written.
  

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