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QLD ATO Debt - Expect Refund?

Discussion in 'Debt and Bankruptcy Law Forum' started by Vik, 24 May 2015.

  1. Vik

    Vik Member

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    Good afternoon. About 5-6 weeks ago, I submitted an application to be released from tax debt due to financial hardship. I was unaware that this can take up to 3 months to process. After much consultation with the ATO, and trepidation as I cannot afford for any potential return to be paid towards the debt, I loathed my 2013-14 return.

    Again, after many phone calls, research by the ATO and such, I was eventually told that due to lodging that relapse application, I would be receiving my full tax return, and none would be applied to the tax debt.

    Today my bank account shows a deposit from the ato for the amount I would receive after the tax debt was paid off! What are my rights here? I was definitely notified by a qualified member of the ato hardship team that I would receive the full amount. My mygov account shows the amount of my return to be the full amount, to be paid tomorrow 25/5/15. But today I am only paid the amount left after the debt has been paid.

    Am I within my rights to expect the full amount be refunded?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Vik,

    I would think that if an ATO representative had informed you that you would receive the full return that you would be entitled to expect that. It may just be an error, call them and have a chat about it. Do you remember the name of the representative that you spoke to initially?
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Vik,

    It's good to have the details of the ATO representative with whom you spoke. However, it is generally not advisable to rely on verbal information provided over the phone. You should really only rely on information written on ATO letterhead or professional email. This is because people who answer phones or call out often may not have the power to bind the ATO and may give misinformation. Have you recorded the time/date/employee of the call? It might be worthwhile to give the ATO a call, enquire about the discrepancy, follow this up in writing and any information provided by the ATO over the phone, ask them to confirm it in writing.
     
  4. Vik

    Vik Member

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    No unfortunately I don't have the name of the man I spoke to but I do know that lots of notes were kept on my account because each person I spoke to left notes and this particular man I spoke to twice and returned my calls personally. He was from the hardship team and met with more official team members regarding my case and personally rang me back to let me know that I would be receiving the full return due to having submitted an application for debt release. He told me what the amount was and when to expect it. I'm very confused and quite annoyed that I'll have to make yet another phone call.
     
  5. Taxelite

    Taxelite Member

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    It's standard for the ato to say one thing and do another

    We deal with it everyday

    Honest the ATO officials make my job harder.

    You will have to apply for an amended return based on the advice you received, you will eventually get it but it will be hard work
     
    Sarah J likes this.

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