Tax office to blitz low doc lending

Hi

I am not surprised.... And, it will also make for very interesting watching as I am aware of some unscrupulour brokers "declaring" extraordinarily high income on the applications simply because the income does not need to be proven by tax returns and the like....

Why is this an issue?

Because, the banks will show a much higher income "declared" than the tax return or financial statements. Which do you think the tax office will want to use?

As I said, it could be very interesting. Assuming the worst, I wonder if those unscrupulous mortgage brokers (not those on this forum, obviously) could be sued....

Dale
 
Hi Dale

Id say if someone falsifies documents (that is, makes alterations to applications without the borrowers consent) and the borrower suffers loss they would be very entitled to go the person that altered the docs.

I know of quite a few intsances of smaller mortgage managers where liabilities dissapear between appln and mortgage insurance. Additionally, I have good reasons to suspect this goes on at branch level of some lenders when times get tough and budgets need to be met.


ta

rolf
 
Would be interesting to know whether there is more over reporting of income to the Banks or under reporting of income to the ATO.

It's a toss up as to whether you want the banks or the ATO after you .....

See Change
 
Hiya SC

I have seen mortgage brokers use ridiculously high incomes for loan applications with no regard to the truth whatsoever.

Personally, I think I would prefer to have the tax office after me than the banks. But, neither frighten me

Dale
 
holdandrefinanc said:
just remember if you do nothing wrong you have nothing to worry about
With the ATO, there's always the possibility that you do the right thing, and you accountant tells you that you have done the right thing, but the ATO decides otherwise (I've been there).

There have been issues raised in this forum about what is income in regard of low doc loans- income from trust structures and the like make it a murky field. ATO may in its wisdom try to make it more difficult for people who quite legitimately show different income in low doc applications than in tax returns.
 
Even when they're wrong ATO is always right!

Mate of mine wrote and posted a $5276 cheque for his quarterly BAS so was surprised when he got an overdue demand, c/w penalty. Checked his bank statement and no cheque for that amt had been presented so put a stop on it.

"No can do" said the bank, "been presented". Checked his statement again and sure enough it had been cashed for $52.76. The photo-copy clearly shows the cheque was for the correct amt. Possible error is that he did not include the ".00" in the amt/numbers column. If the bank uses OCR it may automatically read the last two figures as cents. Sloppy programming if they do because ATO does not calculate to part dollars.

But the ATO is sticking to it's guns and demanding he pay the penalty. They may consider a refund on appeal.

Used to deal with the QLD Dept of Injustice who had the same ethics. :mad:

Thommo
 
Pay first, protest later.

It stinks, but that's the way they do business.

There was a story on the sensationalist TV press this week. A builder did some shoddy work, so the owner held back the last payment. The builder sued and won- the guy had no comeback- because he had not paid that final payment, the building certificate was never issued, so the appalling workmanship could not be said to be substandard. The builder is repossessing the house. Like dealing with the ATO, it's often better to pay first, protest later.

I'd say your friend would have a good case for rescinding the fine.
 
On behalf of businesses that i've worked for, I've had cause to appeal penalty items on a few occasions to the ATO (and payroll tax office).

In most cases they were prepared to drop the penalties and interest provided the reasons given were genuine and justifiable.
 
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