QLD My business partner who is the managing director is doing wrong things and asking me to say nothing. What should I do?

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NeedHelp77

Active Member
4 December 2022
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I am in a very sticky situation.
I joined a business that was supposed to be all very well set up and tax compliant. Long story short, I found out that the business is not compliant with Tax regulations. I am just a shareholder and a non executive director. In our directors meetings I highlighted the fact that the business is non compliant with tax. I suggested , based on my accountant and lawyer advice, to contact the ATO to get them to review our tax structure and get specific rolling. However, needless to say, the other directors blocked my suggestion.
I do not want to be implicit to their tax ovations. They are serious. My lawyer contacted the Managing Director lawyer asking them to do something about the tax but they ignored the letters regarding this matter.
If I contact the ATO, would the managing director be responsible of paying penalties etc as he is the one who set up the company, was told that it is not tax compliant, ignored letters from my lawyer asking him to rectify the situation etc etc etc.
Thank you
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
It helps you have documented your concerns and asked them to be rectified. The company and offending directors will be liable.

Best talk to your lawyer about the next steps.