Hello everyone,
I lived and worked in Australia from 2007 to 2011 and each year had a tax agency (a large company) prepare my tax return. I only lodged the one for 2011 earlier this year and was surprised to get a refund as I had always had to pay something to the ATO in previous years.
Upon inquiring why I got a refund this year, I found out that I was exempt from paying Medicare Levy and Medicare Levy Surcharge because I had entered Australia from Germany. However, the tax accountants had failed to take this into consideration in 2008-10, only the one doing my return for 2011 seemed to be aware of this law.
When I followed this up with my tax agency, they realized their mistake and issued amended tax returns (free of charge to me) for the years in question. They told me to lodge these returns with the ATO which I did, only to find out that amendments need to be lodged within two years of the original return. Since that deadline has passed, there is nothing to be done now.
Hence, in my opinion it should be my tax agency´s responsibility to refund me the money that I have lost through their mistake. However, when I lodged a complaint with them they denied any responsibility. Would this case have a chance in a lawsuit? All communication between me and the tax agency was via e-mail and I still have copies of all emails exchanged.
Thank you very much in advance!
I lived and worked in Australia from 2007 to 2011 and each year had a tax agency (a large company) prepare my tax return. I only lodged the one for 2011 earlier this year and was surprised to get a refund as I had always had to pay something to the ATO in previous years.
Upon inquiring why I got a refund this year, I found out that I was exempt from paying Medicare Levy and Medicare Levy Surcharge because I had entered Australia from Germany. However, the tax accountants had failed to take this into consideration in 2008-10, only the one doing my return for 2011 seemed to be aware of this law.
When I followed this up with my tax agency, they realized their mistake and issued amended tax returns (free of charge to me) for the years in question. They told me to lodge these returns with the ATO which I did, only to find out that amendments need to be lodged within two years of the original return. Since that deadline has passed, there is nothing to be done now.
Hence, in my opinion it should be my tax agency´s responsibility to refund me the money that I have lost through their mistake. However, when I lodged a complaint with them they denied any responsibility. Would this case have a chance in a lawsuit? All communication between me and the tax agency was via e-mail and I still have copies of all emails exchanged.
Thank you very much in advance!