VIC Tax returns not lodged since 2001

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springbok

Active Member
14 August 2017
10
0
31
Hi,
Not sure if this is the right place to post.
My father recently passed away and I'm trying to finalise all debts owing.
I have been through his files and see that he hasnt lodged a tax return since 2001.
I found all the payment summaries except for 2011-17. I want to lodge them all to fix up everything. My question is since he has never owned assets/shares of any kind, never had anything but a car worth $3k that he paid for with cash, no loans for anything or savings accounts etc, no property, ... is this something I could do myself on his behalf? I cant afford an accountant after all the funeral costs and bills etc. Is there any way that I would get in trouble for not using an accountant? All the returns will be basic, wage and tax nothing else, and from what I can see each year he's been entitled to a refund of at least $1k.
Any help would be great. Thank you!
 

Joelene

Member
31 July 2015
4
2
4
Hi,

I am not a lawyer not a tax agent, but i have been through a similar process as a private person. We were able to do them online as the person also had quite simple taxes. It was only for 4 years but there was no problem doing it that way. We ended up doing it through mygov, but please note the person had already set this up themselves prior. It showed us what years needed doing and we did it that way. Hope that helps a little.
 
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springbok

Active Member
14 August 2017
10
0
31
Hi,

I am not a lawyer not a tax agent, but i have been through a similar process as a private person. We were able to do them online as the person also had quite simple taxes. It was only for 4 years but there was no problem doing it that way. We ended up doing it through mygov, but please note the person had already set this up themselves prior. It showed us what years needed doing and we did it that way. Hope that helps a little.
Thank you!!
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
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Ring the ATO Contact Centre on 132861.
Take a little comfort in that you will not be the first person
to whom this has ever happened.

I assume that you have probate/ Letters of Administration etc?
 

springbok

Active Member
14 August 2017
10
0
31
Ring the ATO Contact Centre on 132861.
Take a little comfort in that you will not be the first person
to whom this has ever happened.

I assume that you have probate/ Letters of Administration etc?
Thanks Tim. I spoke to them and they told me to send the death certificate and a letter telling them who I am and how I'm willing to do all the returns, which I have, just waiting to hear back. BUT, we don't have Letters of Admin. We have been acting as executors, making sure everything was paid and finalised etc, we were advised we probably wouldn't need to apply for Letters of Admin since dad had no assets. We have had no trouble dealing with super and closing his bank account etc so far. I am facing a block now without LOA because we have a cheque payable to his estate and the bank won't let me open an Of Late account. I cant afford to apply for LOA so I'm not sure what to do now. If there's any advice at all I'd be so grateful.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
One of the Victorian lawyers here will be better placed to give you detailed commentary,
but start thinking about applying to have the application fees waived by the court due to hardship.
Also, get some advice about whether or not you can recover the costs of the application from the estate
(this is often possible).

Be cautious when dealing with the estate without Letters (or, if there is a will, without Probate).
While there are some Small Estates arrangements in most states,
if you held a Power of Attorney, or even something less like being an also-authorised signatory on a bank account,
in strict literal terms, that all became inoperative once he died.