The ATO has continued its focus on illegal phoenix activity with 80 officers conducting access visits without notice on two sites across Victoria on Monday 3 April.
Deputy Commissioner Michael Cranston said the visits are part of ongoing investigations into illegal phoenix activity within the pre-insolvency industry.
“The legitimate insolvency industry has strong concerns about those who may be promoting and facilitating illegal phoenix activity. Unlike registered liquidators, these so-called ‘specialists’ operate in an unregulated environment and their behaviour undermines the whole industry,” Mr Cranston said.
“Our message for those who might be involved in or are considering a phoenix model: we will continue to take up the fight until you stop engaging in this illegal behaviour. We will pursue those who do the wrong thing and punish them to the full extent of the law.”
Deputy Commissioner Timothy Dyce said the businesses and individuals at the centre of these access visits are being pursued for their involvement in encouraging and facilitating illegal phoenix activity, non-lodgment and non-payment of GST, failure to remit PAYG withholding and unpaid income tax.
“Businesses like these are obtaining financial advantages over their competitors and robbing the Australian economy of revenue that could be spent on services such as education and health care,” Mr Dyce said.
“Everyday Australians pay their fair share of tax and we will ensure that action is taken against those who do not.”
Today’s visits are a continuation of previous action that took place in August last year. On that occasion 120 officers from ATO and the Australian Securities and Investment Commission visited 13 business and residential sites across two states.
The original visits in August were triggered by complaints from the tax profession and legitimate insolvency practitioners as well as intelligence gathered from the 20-member cross-agency Phoenix Taskforce.
The Phoenix Taskforce comprises over 20 federal, state and territory government agencies and provides a whole-of-government approach to combatting illegal phoenix activity, working together to share information and collaborate on enforcement.
“People involved in illegal phoenix activity need to understand that we have a united and strong resolve and our approach is working. We will continue to follow up known offenders, despite their efforts to disguise themselves - if you engage in this behaviour you will get caught,” Mr Cranston said.
source www.ato.gov.au
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