by Kev Moore
The ATO is an agency –
The parliament has given the agency called the ATO the authority to tax. We now have government by appointment running this country. This is the shadow government sometimes spoken about, but never referred to as government by appointment. This type of government represents taxation without representation.
Agency –
1. a business or organization providing a particular service on behalf of another business, person, or group.
Senator George Brandis :-
“It is important to point out that although the ATO is an agency of the Commonwealth it is a different legal personality.”
“Nevertheless, because a constitutional issue had been raised, a notice under section 78B of the Judiciary Act went to the Commonwealth, as well as to the states and territories, asking if the Commonwealth wished to intervene in the proceedings. It is important to point out that although the ATO is an agency of the Commonwealth it is a different legal personality. It nevertheless represents the interests of the Commonwealth in protecting the revenue. It is not automatic that the Commonwealth intervenes in proceedings every time it receives a section 78B notice. Every section 78B notice is assessed according to its own particular facts.”
The privately owned ATO is effectively a debt collector for the non Constitutional make-believe “Australian Government” IMO. Debt collector laws therefore would apply –
http://www.openaustralia.org.au/senate/?id=2016-11-28.16.2
Do I have a contract with you?
https://www.moneysmart.gov.au/managing-your-money/managing-debts/dealing-with-debt-collectors
No worker in australia has to pay any tax. It’s voluntary! Learn your Constitution. It’s there to protect you. Likewise with council “rates” which are fines. The councils are just departments and departments can not fine you or send you bills. Type in ABN lookup and check all the councils, police, centrelink, even parliament house – ALL have ABNs.
The ATO exists in the legal jurisdiction, and the Income Taxation Acts also only apply to earnings by legal entities.
When the living men and women do work, they are providing equitable substance.
They are given legal tender in exchange, which can only be received by a legal entity that they have use of.
This entity is created for them by the government (think Birth Certificate) and all the other legal entities derived thereof.
Essentially this process is an equitable conversion where there is a transformation of something from value in one jurisdiction into something of value in the other jurisdiction, and conversion is not a taxable event !
What Commonwealth are you referring to Kev? The Russian Commonwealth?
We have abandoned ours long ago, tho’ it still sits there waiting for some intelligent people to kick start it.
obviousbob hit it right on the head but for the fact that an accountant worth his fees can set up an instrument where businesses also pay zero tax, in fact even retirees also, into a private foundation. Go the ATO website and search Private Foundation, it’s right there in black and white.
Back in the day, in the ’90s I consulted to a number of small to medium sized businesses, none of them paid tax and all their GST paid was refunded, even for personal purchases.
Why does Australia have the highest debt to GDP ratio in the world per head of population?
Now they are trying to kill the only cash cow left on the farm, then what?
Yes. Do I have a contract? No you do not. And the CONTRACT is the Law. I do remember a case where a man, prior to the adjournment of that case, asked the ATO to show him the Law that required him to pay personal income tax. The ATO never came back.
It is the businesses that need to pay tax, because they are the ones who use the resources and infrastructure of this country to make their profits, and so, these are the outfits that need to stump up.
Instead, we have a corporate government-to whom we owe no tax, unless we have a contract, entered into with full disclosure-reversing the actual situation by giving all the tax cuts in the world to their corporate party donors.
And I would liker some full disclosure on the shareholdings these corporate governments have in their corporate mates’ enterprises??