Modern Australian
Men's Weekly

.

3 ways tax debt relief rules are too tough

  • Written by Ann Kayis-Kumar, Associate Professor, UNSW

When Debbie (not her real name) lost her main client and was left without a reliable income, the sole trader sold her home and adjoining investment unit to pay off her debts and ensure she had the means to support her daughter and herself.

But things didn’t work out as she had hoped.

A year later she was still mired in debt – only now to the Australian Tax Office, owing more than A$70,000 in capital gains tax from the sale of the investment property. By the time the payment deadline came, she still owed about A$61,000 plus A$13,500 in ATO-charged interest.

So she applied for tax relief under the “serious hardship” relief provisions that have been part of Australian tax law since 1915.

Her case might seem exactly the sort of reason why Australia’s Taxation Administration Act gives the Commissioner of Taxation discretion to release individuals “in whole or in part” from tax debts, if they will “suffer serious hardship” by being required to pay.

Debbie had always paid her taxes on time. A single mother, she had never drawn child-support payments. She was not in good health, having had breast cancer and depression. But her application was rejected. Twice.

Because Debbie’s claim had a fatal flaw, according to the rules governing the tax commissioner’s discretion. She couldn’t show that having her tax debt waived would, on its own, save her from serious financial hardship.

That is, the rules effectively say a tax debt can only be waived if it is the only debt pushing a person into serious hardship. But even without the tax debt, Debbie couldn’t meet her living expenses. Her application was therefore rejected.

So, perversely, the greater the financial hardship a person finds themselves in, the less likely a tax debt will be waived.

This, and a few other significant quirks, is why the ATO’s tax relief rules need reform.

No published data since 2013

We know Debbie’s story because she is one of a very small number that have appealed the tax commissioner’s decision to the federal Administrative Appeals Tribunal.

Just 34 appeals have been made in the past 50 years, according to our analysis. All but four lost those appeals.

One interpretation of these numbers is the tax office almost always makes the right decision – granting relief when appropriate and denying it when not. We’re not convinced.

How many people apply and are granted relief in any year? We don’t know.

The Australian Tax Office hasn’t published those figures since 2013. The numbers for that year show about 15,000 people applied. About 2,500 were granted full or partial tax debt forgiveness.

We can only speculate about why this data is no longer published. But one effect is to minimise awareness that people in financial hardship can apply for tax debt relief. Our research suggests many more than 15,000 people could potentially qualify.

3 ways tax debt relief rules are too tough Commissioner of Taxation Chris Jordan before a Senate inquiry on June 9 2020. The rules give him limited discretion to waive tax debts. Lukas Coch/AAP

Perverse rules

But the perversities of the rules mean those most needing help don’t necessarily get it, as shown by the 34 cases we have examined.

The median tax debt in those cases was about A$80,000. A majority (19 of the 34) represented themselves, while the tax office was represented by lawyers. The reasons they found themselves in debt were generally complex – involving serious mental and physical health problems, relationship breakdowns, carer responsibilities preventing full-time return to work, and so on. Seven were self-employed.

Read more: Hard bump ahead? Drop in insolvencies and bankruptcies is a ticking time bomb

Looking at the reasons most these claims were rejected, we see the need for three key reforms.

1. The greater the hardship, the less relief offered

As outlined above, the tax commissioner can release someone from a tax debt only when it is “solely” the payment of that tax debt that will cause “serious hardship”.

This was the case in the two appeals that succeeded. In cases such as Debbie’s, no relief was granted because waiving the tax debt would not resolve all the person’s financial troubles.

This causal link should be removed.

2. Penalised for paying other debts

This leads to the second reform. Evidence of a person paying off other debts is grounds to disqualify them from tax debt relief.

The rationale is that tax obligations shouldn’t be treated as less important than other debts. But it has the perverse outcome that someone who pays off a credit card debt before their tax is effectively barred from serious hardship relief.

Rather than a “one strike and you’re out” approach, the law should recognise degrees of culpability - distinguishing between someone who deliberately and intentionally disregards their obligations and someone who gets in financial trouble due to losing their job, sickness, business failure, relationship breakdown and so on.

3. GST-related debts are excluded

Arguably the most problematic aspect of the rules is they make no provision for financial difficulties arising from being a sole trader or running a small business. In particular, the rules exclude forgiving GST debts.

On one level this makes sense. GST is meant to be collected with every invoice, then forwarded to the tax office with quarterly Business Activity Statements. A GST debt is therefore pocketing other people’s tax.

But these days many people are forced into being small business people, such as through working as contractors. They can be overwhelmed by the paper work, and not have the cash to pay a bookkeeper to do it for them. In our experience from running a tax clinic, people who come to us for help on average are eight years behind on tax returns and seven years on business activity statements.

The rules should recognise this reality and allow GST-related tax liabilities to be forgiven in some circumstances.

Read more: Performers and sole traders find it hard to get JobKeeper in part because they get behind on their paperwork

Time for a serious rethink

When someone is genuinely experiencing serious financial hardship, it is futile to chase them for money they cannot pay. Forcing them into bankruptcy doesn’t help anyone.

We need more compassionate rules that reflect the reality of why people find themselves in debt.

Such reform has been made even more urgent by the COVID economic crisis. Federal government subsidies and relaxation of normal rules have enabled many small businesses to stay afloat during the COVID crisis.

It hardly makes sense, given all the public money spent in other ways, for outdated tax-relief laws to force people into insolvency and bankruptcy now.

Authors: Ann Kayis-Kumar, Associate Professor, UNSW

Read more https://theconversation.com/sometimes-people-can-do-with-a-break-3-ways-tax-debt-relief-rules-are-too-tough-156948

Best Ways to Trade In Your Old Tech for Cash in Australia

Upgrading your mobile is exciting, but many Australians are left wondering what to do with the device they no longer use. Instead of leaving it in a...

Why Doctors in Bundoora Play an Important Role in Community Health

Access to quality healthcare is essential for maintaining a healthy lifestyle and managing medical conditions effectively. Visiting experienced doctor...

Backyard Aesthetics Decoded: Mediterranean, Coastal, Retro, Rustic, and Beyond

Backyard design has come a long way from a patch of lawn, a barbecue in the corner, and a few chairs chosen purely for practicality. Today, outdoor ...

What Stops a Home From Feeling Flat-Pack Generic

There is nothing wrong with convenience. Flat-pack furniture, fast styling decisions, and online checkouts have made it easier than ever to furnish ...

5 Best Dental Clinics in Beecroft, NSW

The best dental clinics in Beecroft, NSW are Beecroft Smiles Dental Surgery, Beecroft Elegant Dental Clinic, McConnell Dental, Dentistry for Life, a...

Executive Recruitment: Finding Leadership Talent That Drives Organisational Success

Hiring the right leadership team can significantly influence the direction and performance of any organisation. Strong executives bring strategic thin...

Understanding the Importance of Abrasive Blasting in Industrial Surface Preparation

Surface preparation is an essential step in many industrial processes. Whether preparing metal structures, removing old coatings, or cleaning equipmen...

Farm Machinery Costs Set to Rise

With steep rises in fuel prices and the need for specialised maintenance, farm machinery costs are set to rise across Australia. The need for transpor...

Why an Employer Recruitment Agency Helps Businesses Build Stronger Teams

Finding the right employees is one of the most important responsibilities for any organisation. Businesses rely on skilled professionals who can con...

Why Quality Trailers Are Essential for Transport and Trade Businesses

Transportation plays a major role in industries ranging from construction and landscaping to logistics and agriculture. Businesses that frequently m...

Why Professional Car Removal Services Are The Best Way To Dispose Of Unwanted Vehicles

When a vehicle reaches the end of its useful life, owners often face the challenge of deciding how to remove it safely and responsibly. Old vehicles...

Why Professional Commercial Carpet Cleaning Matters for Modern Workspaces

Clean office environments influence how employees work, how clients perceive a business, and how long workplace interiors last. Carpets in commercia...

Why Hiring Removalists Makes Moving Easier And More Efficient

Relocating to a new home or office can be an exciting yet demanding experience. Packing belongings, organising transport, and ensuring that items ar...

The Importance of Hiring Local Lawyers in Melbourne for Business Protection

When it comes to protecting a business, the legal support you choose matters just as much as the decisions you make day to day. Working with lawyers...

Why Packaging Boxes Are Important for Product Protection and Logistics

Packaging plays a crucial role in modern commerce, ensuring that products are transported safely from manufacturers to consumers. One of the most wide...

Best Practices for Promoting Crypto Payment Options to Your Customers

Promoting crypto payment options is no longer a futuristic concept but a present-day strategy for venues aiming to reduce transaction costs, attract a...

What Is Allocated vs Unallocated Gold?

Gold has been a trusted store of value for thousands of years, prized for its rarity, durability, and universal recognition. Even in the modern financ...

Physiotherapy Strategies for Improving Independence in Daily Living

For many individuals living with permanent and significant disabilities, the concept of "independence" is not about a total absence of support, but ra...