{"id":120794,"date":"2020-07-01T09:28:39","date_gmt":"2020-07-01T09:28:39","guid":{"rendered":"http:\/\/simplesolutionsaccounting.com.au\/?p=120794"},"modified":"2020-07-01T09:28:39","modified_gmt":"2020-07-01T09:28:39","slug":"ato-initiatives-searching-out-schemes-and-fraud","status":"publish","type":"post","link":"https:\/\/simplesolutionsaccounting.com.au\/2020\/07\/01\/ato-initiatives-searching-out-schemes-and-fraud\/","title":{"rendered":"The ATO on COVID-19 Fraud Warpath"},"content":{"rendered":"

We always knew that a Government scheme swiftly distributing cash during a crisis was going to come with equally swift compliance and review measures, particularly when eligibility was self-assessed. Two major Australian Taxation Office (ATO) initiatives are searching out fraud and schemes designed to take advantage of the Government\u2019s Coronavirus Economic Response Package.<\/p>\n

Tip lines, tax returns and STP
\n<\/span>The tip line, tax returns, and single touch payroll are just a few of the data sources the ATO is using to identify \u201cinappropriate behaviour.\u201d<\/p>\n

The tip line has already delivered its first target with the very public outing in the Australian Financial Review of The Australian Comfort Group, which owns SleepMaker and Dunlop Foams for an alleged scheme to deliberately depress monthly revenue to qualify for up to $11 million in wage subsidies. Internal emails allegedly from an employee who has also lodged a claim under the Fair Work Act against the manufacturer, appear to demonstrate an internal effort to push invoicing to other periods. The Australian Comfort Group have vehemently denied any wrong-doing.<\/p>\n

Tips from employees about their employer\u2019s efforts to manipulate revenue to meet the JobKeeper eligibility criteria is not hard to find. The ATO\u2019s community forum notes one respondent who states:<\/p>\n

\u201cMy employer is defrauding the ATO and is set to receive close to $1 million in Jobkeeper payments which the company is certainly not eligible for as the company has not had a 30% decline in sales. The company has already received the first payment relating to the month of April in Jobkeeper from the ATO.<\/em><\/p>\n

The director of the company is emailing employees constantly to stop invoicing, change invoice dates, make sure the company shows a 30% fall in sales compared to the same period in 2019, to keep him updated each week on sales to not exceed the 30% fall, how much will the company receive, when the funds are received to shift them into offset accounts immediately. It just goes on and on. I have copies of the emails from the company director giving instructions on how to create this fraud so the company meets the eligibility criteria.\u201d<\/em><\/p>\n

The ATO has noted that it has received intelligence on a number of schemes circulating, one of which is the withdrawal of money from superannuation and re-contributing it to get a tax deduction.<\/p>\n

ATO Deputy Commissioner Will Day said that, \u201cNot only is this not in the spirit of the measure (which is designed to assist those experiencing hardship), severe penalties can be applied to tax avoidance schemes or those found to be breaking the law.<\/p>\n

If someone recommends something like this that seems too good to be true, well, it probably is.\u201d<\/p>\n

The ATO has made its targets clear. For JobKeeper, these include ensuring that:<\/p>\n