I recently had the ?delight? of being audited by the ATO as a result of data matching.
Even though I was 99% certain I was doing the right thing and following the right rules and paying the right taxes ? it still isn?t a pleasant experience, and ended up costing me about $10,000 in accounting and legal fees. After about 12 months the ATO agreed that I was doing the right thing, and following the right rules and paying the right taxes. The bright side to this is that my accountant is happy, my lawyer is happy and I get a taxable deduction of $10,000 in my next return. People spruking negative gearing would be happy about now?
Before starting an audit the ATO has already done their homework. They know a lot about you already. They know your movements, your bank balance, your income etc etc etc.
However, they then ask you about all these things, just to try and catch you out. I keep fairly good records, however, trying to remember what happened 5 years ago ? and find the specific document which proves it is difficult. It would be much nicer of them to say ?here is the info we have, please justify it?? but that?s not how it works.
So they give you 2 weeks to respond (to be fair they did extend this when I asked for and extension), and want to see all your documents. Amongst other things ? they asked me what my travel dates were, even though they already new this. These are not records which I keep, as I often don?t book my flights, nor pay for them, so trying to remember where I was 5 years ago was a challenge. Facebook became my new best friend. Before you say ?check your passport?, I have been through 3 passports in the time, Australia doesn?t stamp your passports on the way in or out, and I don?t regularly return to Australia.
The data matching is just a tool they use. It doesn?t provide answers, but rather, raises questions. The ATO will usually target sectors ? such as ?expatriates? or ?rental income? etc. They will then narrow their search down with the tools they have, and eventually zoom in of a few individuals. Like any business, they will try to pick off the easy targets with high returns first. The ATO ignores the ?presumption of innocence? mandate, and are very aggressive in pursuing those who they lock onto.
If they come knocking, belt up ? youre in for a long and rough ride. If you have done nothing wrong that is hopefully what they find, however, many of their laws are suitably vague ? just to ensure that you are never fully comfortable.
If you are doing something wrong ? well, enjoy the good times while they last, and keep preying.
Blacky