Have you been charged with Giving False or Misleading Information to Tax Officers?
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Good Faith, Use of Position and Use of Information as Criminal Offence
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Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
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Failing to Keep Proper Records
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Failing to Keep Additional Records for Taxation
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Inclusion of False or Misleading Information in Records
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Failing to Provide Access to Records
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Form of Record
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Giving False or Misleading Information to Tax Officers
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Deliberately Omitting Information
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Falsifying or Concealing Identity
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Tax Evasion
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Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
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Destruction of Evidence
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Corporate Criminal Responsibility, section 255
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False Accounting
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Falsification of Documents
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Suppression of Documents
What does it mean to give false or misleading information to tax officers?
If you have been charged with Giving False or Misleading Information to Tax Officers under Section 57 of the Taxation Administration Act 1997, it is important to understand the nature of the charge and the elements that the prosecution must prove. This offence addresses providing inaccurate or deceptive information to tax officers, either in writing or orally.
What Must the Prosecution Prove:
To secure a conviction, the prosecution must establish the following elements beyond a reasonable doubt:
- You made a statement or gave information to a tax officer either orally or in writing.
- The information was false or misleading in a material way.
- You were aware or had reasonable grounds to believe that the information provided was false or misleading.
Penalties for giving false or misleading information:
The penalties for this offence are severe:
- Body Corporate: Up to 600 penalty units.
- Individual: Up to 1200 penalty units.
Where will my case be heard?
Cases involving giving false or misleading information to tax officers are heard in the Magistrates’ Court of Victoria.
Factors and defences to consider:
Before making any decisions about your plea, consider the following questions:
- Was the statement made to a tax officer in the course of their duties?
- Was the information materially false or misleading?
- Were you aware that the information was inaccurate?
- Do you have a reasonable excuse for providing the incorrect information?
An experienced criminal lawyer will help determine whether you have a valid defence, such as lack of knowledge, reasonable excuse, or other mitigating factors.
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Good Faith, Use of Position and Use of Information as Criminal Offence
-
Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
-
Failing to Keep Proper Records
-
Failing to Keep Additional Records for Taxation
-
Inclusion of False or Misleading Information in Records
-
Failing to Provide Access to Records
-
Form of Record
-
Giving False or Misleading Information to Tax Officers
-
Deliberately Omitting Information
-
Falsifying or Concealing Identity
-
Tax Evasion
-
Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
-
Destruction of Evidence
-
Corporate Criminal Responsibility, section 255
-
False Accounting
-
Falsification of Documents
-
Suppression of Documents
What happens next?
It is crucial to engage the services of a specialist criminal lawyer to ensure that you receive appropriate advice and representation. Early preparation is key to ensuring that your case is handled effectively, whether you are defending the charge or preparing a guilty plea with mitigating circumstances.
Contact MK Law on 1800 130 120 to arrange a consultation with one of our experienced lawyers today. We can help you navigate the complexities of the case and work towards the best possible outcome.
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- 1800 130 120
- marcus@mklawfirm.com.au