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Self Managed Super Fund problem with ATO

HMRC, IRS or equivalent in your country

Self Managed Super Fund problem with ATO

Postby Philosophy101 » Mon Dec 07, 2015 6:10 am

Hi Guys, I'm posting this because I need some immediate help. One of our number has posted a wonderful lot of links which I shall follow through on, but this is my immediate problem.

I have a SMSF which has bugger all in it. I'm female, 65 and have received a demand for payment from an official looking debt collection agency called "recoveriescorp". It has all the Australian Government Logos on it, including my Tax File Number. Now immediately, my hackles went up. I could do out a Debt letter but the covering letter from them is made out in the name of the Super Fund. Isn't this a commercial entity? If so, how can I get out of paying this fine which is now at $855.49?

If I were to write a letter to them, what are the questions I use? I wondered about asking them for proof which would read something like this:-
Original "I feel this matter is serious......." stuff, leave all the rest out and then say
"You claim to be acting for the ATO. Please provide proof
a. that paying tax is NOT voluntary
b. proof that the ATO does comply with the AAS standards
c. Proof that the ATO is a legal entity, lawfully promulgated in the GAZETTE
d. Proof that the ATO has the authority under law to fine the Super Fund?
e. Proof that you have any legal right to any Tax File Numbers associated with me or entities associated with me.
Then the 10 days stuff.

So, I'm asking these questions.
1. Does the ATO have the right to tax my super fund.
2. Does the ATO have the power to levy fines on the super fund.
3. Does the ATO have the power to make me responsible for the super fund?
4. How do I best deal with this?
5. Is it better for me to pay for the super fund to be disbanded?
Not sure what best to do.


Thanks
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Re: Self Managed Super Fund problem with ATO

Postby doogsie1 » Mon Dec 07, 2015 2:41 pm

Interesting. I got one as well. Got my accountant looking into it at the moment. Ring them first ask them in what FY the debt arose? Take the persons name etc.Don't worry too much about it. You can also send them a letter asking for a breakdown of the debt and how it has come about. Get them to prove the debt before you pay anything. Tell them you want a detailed explanation from the ATO as they never contacted you and have not provided you with due process or the opportunity of paying the bill before it was sent to a debt collector. They could be frauds but do your own due diligence before you decide to contact the ATO about it . Report Recoveries Corp to Scam Watch if it turns out to be fraudulent.
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Re: Self Managed Super Fund problem with ATO

Postby Philosophy101 » Tue Dec 08, 2015 7:16 am

Yes, I can do that. However, they have my TFN which lends a bit of credence. I've looked at what was supplied and it's just a huge lot of interest on an unpaid fine. My accountant is supposed to take care of all that stuff and yet they send me the fine. It's crazy stuff. The fact that it's a SMSF makes it a corporate entity, doesn't it? So, maybe it's best to disband the fund and stop the nonsense. Seems to me like it's just another cash cow for the government.
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Re: Self Managed Super Fund problem with ATO

Postby Philosophy101 » Sat Dec 12, 2015 2:11 am

UPDATE on recoveriescorp. They are an independent private company who claim to work for the ATO. BS. They are a third party interloper, and they have my TFN. I'm going to enjoy this one. They have rung me twice now, so here I go with letter one. Even if I prove to be wrong, c'est la vie. The last chap who rang up - on a Saturday (really, the ATO works on a Saturday? Pull the other one) asked me if I was going to pay the debt. I said "of course, on proof of debt, I shall be writing to the company", he wanted to know what I meant and I restated that I would be writing to the company and get it sorted that way. I'm leaving my accountant out of it at the moment.

Interestingly this chap would not give me the name of my accountant whom he stated was on file. Are they serious? They have my TFN and won't share my accountants name - something fishy here. Will keep you updated.

http://www.recoveriescorp.com.au/
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Re: Self Managed Super Fund problem with ATO

Postby actinglikeabanker » Sat Dec 12, 2015 6:43 am

Good luck, I don't have a clue what a SMSF is, just wanted to say don't do anything by phone, always by letter these companies are very efficient at loosing call logs when it suits them.
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Re: Self Managed Super Fund problem with ATO

Postby Philosophy101 » Sat Dec 12, 2015 8:35 am

THANKS actinglikeabanker.
My intent is to send them letter 1 via their contact page on the net. The reason for this is my printer has packed it in, but they will be advised of this and that I have a copy of said item. I shall be very interested to see what they come back with. The SMSF (Self Managed Super Fund) is a corporate entity set up by my accountant, but it is worth very little. So it would be possible to disband it - but that would cost money. So, I'm going to see what happens with this. When the guy asked me if I intended to pay, I said "Of course, on proof of debt". He wanted to know what that meant and I told him I would explain it in the letter - after all, they wrote to me and I was obligated to write back. He got off the phone quick smart. I think they are more like bankers than you are :lol:
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Re: Self Managed Super Fund problem with ATO

Postby gnaxl » Tue Jan 12, 2016 7:02 am

Recoveries Australia and Baycorp and others that the ATO use to recover so called debts are easy to deal with. Just ask them for proof of the original accounting of the alleged debt. Remind them that you have no contract with them, therefore they are a 3rd party interloper who has no standing in law. I have dealt with these fleas once each....never heard from them again.
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Re: Self Managed Super Fund problem with ATO

Postby Philosophy101 » Wed Feb 17, 2016 6:27 pm

Hi gnaxl
I did that and I got yet another phone call to which I responded to the fellow "My Accountant is Dealing with all of this" and I know they don't have the updated Corporate Name of my accountant, so no more from them. However, it is now back to the ATO and they are just adding more penalties. Next step - get our of the SMSF Fiction by dismantling the entity and hence they will have no-thing to contract with.  Maybe.  I shall need to talk with the accountant.  These SMSF are nothing but another scam dreamt up by government. 
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Re: Self Managed Super Fund problem with ATO

Postby Philosophy101 » Sat Apr 02, 2016 4:48 am

Hi Everybody
So far so good.  I have not heard from Recoveries Corp Again, so it must have worked.  I shall be closing down my self managed super fund as I would much rather be free of the Corporate nonsense. So, instead I am now going to become a Secure Creditor and if I can get this working and discharging my debt, then the fun about it is, the ATO (Australian Taxation Office) becomes my servant.  There is something perversely justifiable in this  :lol:
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Re: Self Managed Super Fund problem with ATO

Postby debtfreesoon » Fri Feb 17, 2017 4:02 pm

Hi Philosophy101

How have you got on with the Secure Creditor process? I've just started researching this myself - I'd be very grateful for any feedback you or anyone else can give.
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