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QLD Child Support - Illegal to Hide Money to Reduce Payments?

Discussion in 'Family Law Forum' started by Titanium, 16 February 2015.

  1. Titanium

    Titanium Active Member

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    Just wondering if it is illegal to hide a large sum of money in another persons bank account to lower their taxable income therefore reducing child support payments? What are the possible penalties for this?
     
  2. AllForHer

    AllForHer Well-Known Member

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    It is an offence to deliberately provide false or misleading information in relation to child support under section 159 of the Child Support (Assessment) Act 1989. The maximum penalty for such an offence is six months imprisonment.

    However, what you are talking about is tax evasion.

    You'll find some more information about this here.
     
  3. Titanium

    Titanium Active Member

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    Thank you. Is it still considered tax evasion if more tax ended up being paid because the bank account holder had a higher income?
     
  4. AllForHer

    AllForHer Well-Known Member

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    Tax evasion is the deliberate action of one party to avoid or unlawfully minimise the amount of tax they have to pay to the federal government, which includes doing so for the purpose of reducing their child support liability. So, in answer to your question, the amount of tax ultimately made for the funds is immaterial. Regardless of whether the person receiving the funds paid more tax as a result of having done so, the person who deliberately acted to evade paying tax (or in this case, being accurately assessed for child support) would still be held liable.
     
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  5. Titanium

    Titanium Active Member

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    Thank you. Can the bank account holder also be in trouble? Is this considered aided and abetting? What are the implications for the bank account holder?
     
  6. AllForHer

    AllForHer Well-Known Member

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    Your concern is in relation to child support, nothing else, which means your only business is with your ex - not his partner or whoever you suspect of having received the money. There are only two people obligated to pay child support, and that's you and your ex, so that's who your focus should be on. If you're thinking about filing a complaint with the ATO, it will be up to the ATO to decide how to proceed in terms of other parties suspected of being accessories to the matter.
     
  7. Titanium

    Titanium Active Member

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    My apologies. I should have been clearer but it is my partner who put the funds into my account to hide it from his ex and CSA. I am now concerned that I am now in trouble by giving him my bank account number to use this way.
     

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