Have you been charged with Failing to Keep Additional Records for Taxation?

What does it mean to be charged with failing to keep additional records for taxation?

Failing to Keep Additional Records for Taxation is a serious offence under Section 51 of the Taxation Administration Act 1997. This charge applies when a person or company, after receiving notice from the Commissioner of Taxation, fails to keep the additional records specified in that notice. The failure to comply with such a requirement can have significant consequences, as these records are essential for ensuring accurate tax assessments.

What Must the Prosecution Prove:

To secure a conviction for Failing to Keep Additional Records for Taxation, the prosecution must prove the following:

1. You must have been under a legal obligation to maintain additional records beyond the standard requirements.
2. This notice would explicitly state the requirement to keep the additional records.
3. The failure to maintain these additional records, as specified in the notice, must be proven by the prosecution.

Penalties for failing to keep additional records for taxation:

The penalties for failing to keep additional records are substantial, depending on whether the offender is an individual or a corporate entity:

• Body Corporate: A fine of up to 500 penalty units.
• Individual: A fine of up to 100 penalty units.

The penalty unit system is adjusted periodically, meaning the fines can be substantial, especially for corporate offenders.

Where will my case be heard?

Cases involving Failing to Keep Additional Records for Taxation are typically heard in the Magistrates’ Court of Victoria, which handles offences under state taxation laws.

Factors and defences to consider:

There are several factors and potential defences that could influence the outcome of your case:

• Was a notice properly issued?

If the prosecution cannot prove that you received proper notice from the Commissioner, the charge may not stand.

• Compliance efforts:

If you can demonstrate reasonable efforts to comply with the notice but were unable to due to unforeseen circumstances, this may serve as a mitigating factor.

• Unawareness of the requirement:

In some cases, you may not have been aware of the additional record-keeping requirements. However, this is a limited defence, as ignorance of the law is generally not accepted.

What happens next?

If you have been charged with Failing to Keep Additional Records for Taxation, it is critical to consult a qualified criminal lawyer immediately. A lawyer with expertise in taxation law can help determine whether the prosecution can prove all the elements of the offence and whether any defences may be available to you. Early and thorough preparation is key to resolving the matter effectively, whether you intend to plead guilty or challenge the charge.

Contact MK Law on 1800 130 120 to speak with one of our experienced legal professionals. We specialise in taxation offences and can provide you with the expert guidance you need to handle your case. Don’t delay – arrange a consultation today to begin preparing your defence and protect your legal rights.