ATO Fraud

[Xenia IM]

Just found out that someone who is a registered tax agent has logged into my ATO portal using my TFN, removed my appointed accountant and put himself/herself as my accountant.

He/she has been receiving all my company documents from the ATO and obviously not forwarding them for action - this resulted in fines being imposed by the ATO.

My accountant logged in today to discover that he no longer had authority - after several phone calls it was resolved and we received and actioned the relevant missing information that was getting sent to this mystery tax agent.

The ATO waived all associated fines due to non action but CANNOT provide information on who this mystery person was.

Can someone with a back ground in TAX please explain to me how this is not fraud? How can someone just break into someone else's records and start receiving their information without authority? The ATO stated that they will create more stringent measures so that it wont happen again... however no action or identification towards whoever did this will be taken. Is this right?

 

[spludgey]

ATO stuff up?

Otherwise, surely you'd have a claim against that person? I'd go see a lawyer (first session is often free).

 

[coastymike]

Xenia

Sounds strange. Did you ask the accountant to do something for you i.e. lodge an amended return etc ?

A registered agent can only add an entity if they have all the relevant details e.g. TFN, Company Name, Individuals Names, Date of Birth etc

Would generally be very unusual for an accountant to add you to their tax agent list unless requested to do. If you didn't ask them to how did they get all your details ?

I wouldn't say it is fraud unless they have directed refunds from your account into their account. A breach of the tax agent board code of professional conduct yes.

Very unusual but I guess main thing is that all fines and penalties have been waived and you are back on the correct agent listing.

Saw this happen once when the client used another tax agent for the BAS returns. The accountant accidentally added themselves to all roles not just the BAS role. A genuine mistake and once identified was fixed. Maybe something similar has happened here.

 

[Xenia IM]

thanks guys
Spludgy May be worth talking to a solicitor but there is no action to be taken - no harm was done except for a few months of missing documents that were directed to this other person. That was all handled and dealt with today anyway.

Mike - thanks
no one else but my appointed accountant was instructed to do anything. My own accountant actually tried to log on to check up on something and he found that he was removed from the system - he thought I had authorised someone else as an accountant.

Details like TFN, DOB etc are on various documents etc so I would guess not difficult to obtain.

No harm was done, I wanted to know who the other mystery tax agent was for my own curiosity more than anything.

Do you know why the ATO will not disclose that information?
Probably not anything I would chase up past tomorrow or anything I want to hold in my head space long term but just curious.

 

[D.T.]

Do you know why the ATO will not disclose that information?

Because its not your portal, it's theirs. They don't have to disclose who's used their product.

 

[datto]

Do FOI check with the ATO.

 

[Ajax]

FOI Ditto Datto

 

[VYBerlinaV8]

FOI Ditto Datto

If the information is part of an ongoing investigation it may be classified, and thus not susceptible to FOI.

It is likely that the ATO won't divulge the information because they have referred it to their serious non compliance area, or even the AFP.

 

[Paul@PFI]

Just found out that someone who is a registered tax agent has logged into my ATO portal using my TFN, removed my appointed accountant and put himself/herself as my accountant.

He/she has been receiving all my company documents from the ATO and obviously not forwarding them for action - this resulted in fines being imposed by the ATO.

My accountant logged in today to discover that he no longer had authority - after several phone calls it was resolved and we received and actioned the relevant missing information that was getting sent to this mystery tax agent.

The ATO waived all associated fines due to non action but CANNOT provide information on who this mystery person was.

Can someone with a back ground in TAX please explain to me how this is not fraud? How can someone just break into someone else's records and start receiving their information without authority? The ATO stated that they will create more stringent measures so that it wont happen again... however no action or identification towards whoever did this will be taken. Is this right?

A complaint to the Tax Practitioners Board would lead to an investigation into who registered and te TPB would seek proof of their authority. If non a breach of privacy could see a severe censure. Tax agents must abide by rules.

The TPB probably wont tell you either until it has investigated. they may ask you questions about the agent who did this. This information could uncover a fraud that could save taxpayers a bit., Report it.

 

[Paul@PFI]

Taxpayers can now call the ATO and register a digital voice print against their tax file number. It can prevent fraud. However any agent can still register using Name, DOB and TFN.

You can ask ATO to make you a Highly Protected Person in some cases. Good luck speaking to the section who handle requests !! Its a secretive little team. Your TFN vanishes even from (most) ATO staff and agents. I have a number of Highly Protected Person clients who I cant see their records on the portal.

Once the ATO used to change TFN's to combat suspect fraud. Now they digitally lock your file by voice imprint and ONLY you can authorise changes. Now they can also flag a risk taxpayer and some info cant be altered - eg tax agent, bank accounts, amended returns with a higher refund etc.

 

[TMNT]

you dont need to be in TAX or an expert to know that its fraud!

 

[Terry_w]

Here is one definition of 'fraud' from s192E Crimes Act NSW

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s192e.html

 

[Paul@PFI]

you dont need to be in TAX or an expert to know that its fraud!

Inappropriate registration as a tax agent is not fraud. However use of the information may result in fraud. Or identity theft for non-tax purposes.

 

[DavidMc]

Never overestimate the ability for the government to design, build and operate an IT system... it's a very specialised need that industry is continually trying to meet with the cheapest resources.

There is a very good chance someone screwed some code or data in production. If this is the case, that would explain why they won't tell you any more.