Ever feel like you are getting from all sides?

I feel like we have been kicked down and the vultures are circling.
It started last May.
We were in the middle of moving and received a letter stating I am being audited for 2005 and 2006 tax year.
This also coincides when we need to have our taxes done for 2007.
When we didn't respond with all the receipts, in the format they required, we were issued with another statment that my Rental Losses were being denied and I owe $9000+.
Well my take home pay is only $20 K a year...
We scurry to hand deliver all the receipts in Sept., and make sure they are aware we had tickets purchased for our first vacation back to Aus in 6 years for Rob to visit his family.This was incase they needed more info, or they told us they were ready to pick up.
We arrive home Dec 1, and I call them, and she is still not finished.
In the meantime, because we had not responded in May, our file had been sent to the next department, who kept sending me threatening letters. I would call and explain, and tell them my taxes are under review in the Audit Dept.They would politely say they would add it to my file. After it was settled, it would show I do not owe that much.I also told them to hold my Child Tax Benefits and GST refund cheques, until things were settled.
Finally in Jan, we received notice the audit was complete.If we didn't agree with anything we had 30 days. We responded with more evidence and waited and waited.Still receiviong more threatening letter, even after faxing them correspondence from our Auditor that we were still in the middle of this.
Called the Audit woman in mid Feb, and was told it was being mailed out again at the end of that week.
Called again mid March and stated we hadn't received anything. She said she had been sick and then finished them the next day and sent it to us.
Again more threatening letters of collections. I called that office again and said even though we haven't even received the final reassessment notice I want to pay something. They suggested I mail 3 postdated cheques, which I did.
This week I recieved another threatening letter, stating they are starting garnishment of my wages. I called and said we haven't even received the notice. Oh, they said, our office is mailing that today. I begged them to stop the garnishment, as it does terrible things to your credit rating. She agreed to give me 90 days, as that should give me time to get things straightened out. I faxed her my employers payroll dept details. Didn't matter, the next day I recieved my paycheque, and half was taken.Now it is the Holiday weekend so nothing can be done until Tuesday.

One of our Lenders was not renewing our mortgage,(they moved out of Canada) and with our high debt, wasn't too confident we would qualify for another, especially in this market downturn.

We have economic downturn in the town where one of our apartment buildings is. It is now half empty, even after lowering the rents.
Figured I will take advantage of the vacancies and renovate.How I will pay for it I don't know.
Our carpenter who is renovating 4 mobiles and part of a house in exchange for a year of free rent seems to be avoiding us.Living rent free for the last 10 days...guess after 30 we will issue the eviction (we have to wait that long)Then it is 15 days after that.

The money I had paid on a credit card was taken, when they lowered my credit available, so it was no longer available to me (this was my renovation money)

The property with the house and 4 mobiles was supposed to be a Vendor Takeback for the downpayment. He then reneged and we had to come up with $15 K.He then changed his mind and didn;t want to sell us to us,,,until we threatened legal action.Then we only had a timeline of 30 hours to finalise it, instead of 9 days.

Our electrical power provider for our electric heated building (11 units) has decided we will be put on a demand meter, which will mean higher bills.

I was put back to my old job at work, because my position had been eliminated.I have to work 4-12 every second week instead of every 3rd week.

A couple of weeks ago we had the week off at work without pay, because of the slowdown.

I am robbing peter to pay paul for my bills this month.

I feel much better now.
Thanks for letting me whinge.

In a couple of years, we will have some good stories from this,how how tthey tried to stomp on us...but we survived and flourished. :)
 
I am so sorry to hear this guys, you have leveraged from little, created beautifully and worked your guts out. I honestly don't know what to say, but hang in there, you have come so far, achieved so much, I know there is heaps of determination and guts left yet!

Maybe there is a Canadian Law/Accountant/Tax person on board with some ideas? that can help..but you sound like you've got it by the short and curlies anyway..

Are your new IP's gunna be ok? That was such a well crafted deal and brilliant turnaround to-value adding there..

The tax dep't behaviour is really confusing me from where I am looking, is there someone (more senior) to go over this with? It is getting a crazy vibe rippling...

Thoughts are with you on this ...take care of yourselves too, there is obviously a lot of stress involved, I am just so sorry to hear this, you vent all you want and there maybe someone come up with some practical help.
 
Sorry to hear that kathrynd. You guys are fighters and your passion and strength will endure.


You mentioned previously that Rob worked full-time on your portfolio. Perhaps Rob has to go back to full-time employment (if he can find something) just for a wee bit to get the extra cash coming in to get over this hurdle ??
 
Thanks guys.
The problem is we make too much rent money, but the deductions we have have not been declared deductible in the current year, but over 25 years !!!
The problem that started all of this was a roof we had to repair/replace on the 11 unit.We were told by our accountant it would be a repair. Taxman said it was a Capital Cost. A $23K roof is a big deduction to lose.It had the domino effect..which is leading to the mess we are in now. I wish they had done the audit 3 years ago.

I had actually considered quitting this year instead of next.
We are considering incorporating, which I think is something similar to your trusts.

Our taxes will be lower.
I know the next 4-6 months will be tough, but we have the summer to recuperate from snowplow, heating, and high electrical bills.

Our last purchase bring in a fair bit of income...which is another vicious circle.
We keep spending that money on improvements or more properties, when the Tax Man wants us to give it to him.

We just need to find that middle ground.

I just needed to tell it to someone, and I knew my SS friends would understand a bit.
 
Maybe you need to get a second opinion:

a on the IRS attitude and whether having regard to all the facts it could/should be appealed;

b if not whether your accountant was negligent and if so whether there is any recourse
 
It's a real crappy time for some of us , and its easy to get that hysteria type of feeling, you know your situation better than others , so try to step back and take a breath , you may see an escape rout from another angle.
Could your partner produce some invoices for his work, ? an option.
anny ways they can't take your soul , and i could almost g,tee your not alone, good luck , you will find a way, i'm sure.
 
Thank you everyone for your encouragement.

We are going to appeal the Tax Audit.
We have nothing to lose.
There is no way we plan on losing now, all we have worked so hard for.
We have found some things we have a good arguement for, and other things that are open to interprentation.

I have a bad cold and not sleeping much, so that adds to it.I got me some good drugs for tonight....:)

Rob describes it's like asking a carpenter to sell his tools to pay off his tax bill, for being a carpenter.It doesn't make sense. (they suggested we sell something to pay the bill, in a round about way)

We close on another property tomorrow, and the downpayment money is sitting in my bank account. I'm just holding my breath they don't seize this before the deal goes thru. It was from an equity take out on another property.We just signed our tenant up tonight for this property. It is a rent to own.
 
You qualify to be called a battler! I can't believe that the tax dept is acting as if they want to create financial chaos and mess up battlers' lives. Surely there must be a PR side of taxation to create a mutually satisfactory outcome, ie if tax arrears then achieve a repayment schedule that is not ruinous to the auditee.

If it is an Australian situation - appeal, go right up the line, even to the Tax Ombudsman, if there is one in Canada. Easy for me to say as it will require time to tangle with bureaucracy. I hope the Candadian tax dept sees sense and align with its govt's aims in this time of GFC. :)
 
Kathryn....just some brainstorming here:

-Terrific on appealing, do you guys get to actually speak and tell your side? Will your accountant speak up for you, I have some extra long, seraded T.H's I can mail over..or my husband can send welding design plans for Bob in email format. He can customise a pair for PRN.

-Would tax department grant permission for the repayments (for monies owed) to be made in (small) installments, rather than them garnishing wages-affecting your credit rating? ...and is there an ombudsman?

-You know your last IP's purchase, how you were going to renovate and rent increase, would you be able to do a bit of rent increase and just postpone improvements for moment?

-Hope tomorrow comes quickly...and the settlement goes through..

-Stress is an immune system buster...do you get enough zinc in your diet?
Get Rob to give you a damn good massage tonight after a lovely herbal radox soak bath, hire a ripping comedy dvd and giggle your heads off.

-Hanky panky is a great stress relief, gets the body's good hormones flowing..

You have achieved so much, worked so hard for this...let's pre sell the story! an advancement from publishing!!

Take care guys.
 
Kathryn....just some brainstorming here:

-Terrific on appealing, do you guys get to actually speak and tell your side? Will your accountant speak up for you, I have some extra long, seraded T.H's I can mail over..or my husband can send welding design plans for Bob in email format. He can customise a pair for PRN.

-Would tax department grant permission for the repayments (for monies owed) to be made in (small) installments, rather than them garnishing wages-affecting your credit rating? ...and is there an ombudsman?

-You know your last IP's purchase, how you were going to renovate and rent increase, would you be able to do a bit of rent increase and just postpone improvements for moment?

-Hope tomorrow comes quickly...and the settlement goes through..

-Stress is an immune system buster...do you get enough zinc in your diet?
Get Rob to give you a damn good massage tonight after a lovely herbal radox soak bath, hire a ripping comedy dvd and giggle your heads off.

-Hanky panky is a great stress relief, gets the body's good hormones flowing..

You have achieved so much, worked so hard for this...let's pre sell the story! an advancement from publishing!!

Take care guys.

OO and kath, i am guessing that others that see your financials and portfolio would gasp at what your doing, as these type of so called {proffesionals } in my opionion havent a clue how most of us here do what we do?
perhaps they have already put you guys in the ordinary box not the extrodinarry box , a face to face interview should clear things up.
My wife and i had an acct tell us we will loose every thing in 6 months , been here 2 years now ??
 
Update

We have been on the receiving end of some good news.

The garnishment on my wage has been stopped, for the time being. My paycheque was refunded, what they took last week.

In our 1/2 empty building, we have signed a new tenant.
Another tenant signed up for another 6 months.
Our new "rent in exchange for carpentry work" tenant is doing an amazing job. He is so thankful for us coming into his life at this time. He is using our building to build up his portfolio.
Other tenants know we are doing renovations, and one told us yesterday her family would be away for a week in July, so we could do hers then. Perfect !!

A tenant who left last year skipping out on 2 months rent, emailed and promised to pay us within the month.A very apologetic email.

Our carpenter who is renovating our mobiles has gotten on board, and has started work.
One of our mobile tenants has given notice she is leaving at the end of May, so we will not need to evict anyone for renovations.
The house on this property is starting to look amazing. The tenants are laying ceramic,vinyl composite, and laminate flooring and painting everything for a free month's rent. They are extremly happy also of having such a large house at a reasonable price for the next 2 years.

We contacted the electric company, and have reversed the "demand meter", so our bills will not increase.

We settled on our latest purchase April 15. It was purchased for a Rent to Own. Tenants just moved in, and they love us :)

Told Rob, I promise, no more purchases this year !!!

We still need to write up our Tax Audit appeal.Not sure how we will fare with this.We may just need to chalk this up as a learning exercise, albeit a very expensive one.

My cold is finally getting better, and I think I slept most of last night.
Spring is finally here, snow is almost gone, and I see light at the end of the tunnel.
 
good news all round then!

Kath this is such good news and the planets are alighning for you, soon spring will take most of those problems away, i will not take anything more on as its become overwelming for me , looks like it all came at the wrong time for you to.its more positive now cheers.
 
We had some issues with the Tax Office, total lack of communication on their part, so I escalated the issue rather than the Tax Office. That meant that all the files were handed over to a complaints person, who could see that I was being factual in my position, but the ATO had made lots of mistakes (thankfully they, and I had made notes). Is there some way you could speak to a 'higher authority'? Maybe too late now, but perhaps next time if you arent getting anywhere with the person, ask to speak to their Team Manager.

And good to see what a difference a couple of days make. And your accountant, I like TPFKAD's idea; 'they' deserve a good yank. Replacements, as opposed to repairs, must be depreciated.
 
...And your accountant, I like TPFKAD's idea; 'they' deserve a good yank. Replacements, as opposed to repairs, must be depreciated.

If the repair is 'substantial' (>50%) it may be more appropriate than replacement. Otherwise, negotiate for a partial repair? Cheers, good to hear that the situation is clearing and sunnier all round. :)
 
We had some issues with the Tax Office, total lack of communication on their part, so I escalated the issue rather than the Tax Office. That meant that all the files were handed over to a complaints person, who could see that I was being factual in my position, but the ATO had made lots of mistakes (thankfully they, and I had made notes). Is there some way you could speak to a 'higher authority'? Maybe too late now, but perhaps next time if you arent getting anywhere with the person, ask to speak to their Team Manager.

And good to see what a difference a couple of days make. And your accountant, I like TPFKAD's idea; 'they' deserve a good yank. Replacements, as opposed to repairs, must be depreciated.

Well Rob is also having his bank account garnished by the Australia.His $20 a month child support he receives is taken away, for a debt he doesn't owe. It's complicated and I don't quite understand it.Because "ex" will on occassion report she has custody of minor child, they say Rob owes money. Even though he has legal and physical custody for the past 11 years.It's just too hard to fight from Canada. None of the phone numbers that you need to contact the right people work outside of Aus. We will wait until next year when we return.
Ombudsman liason called and spoke to Rob last night for an hour, and he said it was like talking to a wall.
This has been going on for 4+ years.

Here in Canada we can ask to make payments, after you show that you have exhausted all methods of repayment. Such as loans and selling something.

Our accountant makes you "sign off' that he is only using the figures we have provided. Well, we did, but it was him who suggested it was a repair.Some of the same materials were used (gravel) and the under roof membrane was not removed. Just blowtorched another over top to seal the seams.

As far as I know, it is just written submissions for the Tax Appeal. I guess we will find out soon enough.

We can't put off doing renovations to the mobiles. We had already signed a contract with the tenant to provide a free years of rent.They are not expensive renovations, compared to some. Maybe $3k each. We will use the rent money to pay for them.This will increase the rent about 40 %.

I'm just taking it one day at a time. Things always work out. Sometimes I need to vent.
I'm sure there are many people who would love to have our problems, compared to their problems.

I really appreciate everyones feedback and encouragment.
 
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