delayed Spouse visa 309 - problems due to Tax returns - Page 8

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delayed Spouse visa 309 - problems due to Tax returns - Page 8


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  #71 (permalink)  
Old 05-12-2011, 04:51 AM
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U wont get Case officer unless u send them email..
that's what i have experienced with myself and my friends.


  #72 (permalink)  
Old 05-24-2011, 03:56 AM
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Hi guys,

My name is amit and live in sydney.
i am getting amrried in nov this year and was about to file the visa of my partner in few weeks and saw this website with this tax issues everyone is facing.
to cut the long story short i am 1 of the victims as well as my tax agent filed these spouse tax benefits for me as well.
i came to know abt this in 2009 whn i got a call from tax office stating i applied for spouse tax benefits and i need to provide details of it.
i stated that this might be a mistake as i am not married and nor do i have any gf.
they said ok and din give me the benefits as i failed to provide the requested docs.
i called my taqx agent after this and gave him a gud word he thn told me that he applied for this spouse benefits in 07 and 08 as well.
so now the question is what should i do?
i am planning to file this years tax and then send this years tax NOA and last year 10 NOA as these have no decripencies.
09 has discrepancies but i never got paid for the benefit so no need to return anything.
so would DIMA ask me to return 07 and 08 tax money i got extra?
and if yes the point is i cannot ammend my 07 and 08 tax assesments as they are more thn 2 years old...what wld happen in this case....
please provide your inputs as these are very important for me.

thanks guys.


  #73 (permalink)  
Old 05-24-2011, 08:46 AM
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Hi Amit,
to start with ... put your application as early as u can.. as its taking too long with visas these days...
and with NOA they only ask for last 3 years. so should be fine for you.
also just in case they ask for 2007 and 08 (which is highly unlikely) u can apply for amendment with ATO, and u will get the amendment in 2 weeks,
(generally ATO will come back that they cant amend for more than past 2 years and u will get rejection, and u can submit that to immi-CO)
also there are other blog websites to keep a track
Subclass 309/100 - Spouse Visa processing time - AHC Delhi - Page 37


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  #74 (permalink)  
Old 05-24-2011, 11:45 PM
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Hi Raj,

Thanks for your post.
I cannot apply till august as i need to file my tax for this year and get the NOA for this year.
and then apply by sending this years NOA and last years.
I am getting married on 18th NOv.
Do you think taking the worst case scenario of applying my visa by end of august my partner will get visa approved by dec end?
and yes i called a tax agent yesterday and he said you can ammend tax for 07 and 08 as well.
lastly, as you said ill get a rejection if i file for ammendment of tax for 07 and 08 will that rejection be taken +vely by DIMA?

thanks for your help once again.


Amit


  #75 (permalink)  
Old 05-25-2011, 12:53 AM
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Hi Amit,

Couple of things,
U dont need to wait till Aug to apply...U can apply for spouse visa now...it will be around 2 months till u get case officer...and than u get 28 days to submit the NOA for three years ...till that time it will be already Aug...
so what i mean to say apply for visa now...and submit NOA later ...its not necessary to submit along with application.
and dont make any amendments now....do it only when asked for it...in your case generally u wont be asked to do any amendments...
also u can apply for the spouse visa even if u r not married...as in the 47 sp form,,, u can mention the date when u are getting married .and then submit the marriage certificate later...till that time submit all other docs u have....
cheers.


  #76 (permalink)  
Old 05-25-2011, 04:05 AM
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Quote:
Originally Posted by raj1984 View Post
Hi Amit,

Couple of things,
U dont need to wait till Aug to apply...U can apply for spouse visa now...it will be around 2 months till u get case officer...and than u get 28 days to submit the NOA for three years ...till that time it will be already Aug...
so what i mean to say apply for visa now...and submit NOA later ...its not necessary to submit along with application.
and dont make any amendments now....do it only when asked for it...in your case generally u wont be asked to do any amendments...
also u can apply for the spouse visa even if u r not married...as in the 47 sp form,,, u can mention the date when u are getting married .and then submit the marriage certificate later...till that time submit all other docs u have....
cheers.
Hi Raj,

Thanks for all the help and yes i am applying for spouse visa and not fiance visa.
and i will wait till atleast start of july to file the application as i dont want to be in trouble if i cant get the NOA for this year and CO asked for it.
ill be applying for NOA for this year asap i can do it in july and hopefully will get the NOA by 1st week of august.

Tapan


  #77 (permalink)  
Old 05-25-2011, 07:59 AM
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Amit
well u wont have the marriage certificate either,,,what r u gonna do then..?

in a nutshell... u can always ask extension.. if u cant submit the any doc.


  #78 (permalink)  
Old 06-07-2011, 10:38 AM
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Thumbs up tax!!!!!!!grrrr....

Quote:
Originally Posted by paddypops View Post
Hello
I am an australian citizen and have applied for my partner's spouse visa couple of months back.When I lodged for my tax returns in 2009 I claimed dependent taxes by putting down some random as my boyfriend not as my spouse as suggested by an accountant(was ignorant that time i guess).Is there any chance that I could land into trouble,because some of my friends who have done the same thing were never questioned by the CO.Suugestions would be well appreciated!

Hey guys I was interviewed by the CO on the 9th May asking me for an explanation as to why I claimed extra offsets in my 2009 tax returns.So on the 10th May I lodged an amendent request to get a new tax assessment notice for 2009 online thro a tax agent and was told would recieve the NOA in 28days according to their service standards.Its past 28 days as of today and my application has been escalated ,so its going to take more time in recieving my NOA.According to the visa agent once I submit the ammended NOA,it takes 1-2-weeks for visa approval.

Visa lodged-15th-dec10
Application recieved-16thdec 10
CO assigned-19thjan(pretty quick) and additional docs requested the same day
Docs submitted-20thfeb
Waiting to submit my NOA as soon as I get it and will take it from there..Wish me luck guys!!!


  #79 (permalink)  
Old 06-19-2011, 02:58 AM
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question

Quote:
Originally Posted by Wanderer View Post
To the last couple of posters, the only path you can follow is one of honesty and that means :
. Declare to Immi that your taxation returns have not been accurate and that you are immediately addressing the situation with the ATO.
. Immediately contact the ATO and declare any inaccuracies and seek their advice on correcting the situation for that way you will minimise any penalties and outstanding interest payments.

Taxation fraud is considered a very serious offence in Australia and so if you do not immediately correct the situation your problems will compound.

I would suspect that once you have cleared the situation with the ATO you may have some documentation to present in regard to any visa applications.
I do not know how the other posters have fared but if they have attempted to do anything else, they can consider themselves to be very foolish.

You may find that Immi will not process any visa application with taxation inconsistencies and will have referred the matter to the ATO and that the visa application currently submitted could be cancelled.
That will likewise probably happen if no advice is offered to Immi.
Hi Wanderer,

I had the same tax query from my CO. I was asked to provide the explanation why information in the form 47SP differs from the information I provided to the ATO as I have claimed the tax rebate for showing defacto.

After receiving this email, I replied my CO that my tax returns had been inaccurate and I would amend my tax returns of last two years. I did that and also paid off the over claimed amount with interest to ATO. Initially when I applied for tax amendments, I attached the scanned copies of my tax amendment forms where I have clearly mentioned that "I had no spouse or defacto in the past and it was purely an error" in the email to my CO. and also sent the NOA in the second email to my CO when I received it from ATO.

After a month, I have received an email from my CO asking that who did I claim the tax offset for and what was my relationship with her?

Now I have already mentioned in my amendment forms that I have never been into spouse or defacto relationship and it was done by mistake. not sure what else to say which can answer my CO's question this time. or even I am not sure whether they are looking for any other information from me. As I claimed the spouse tax rebate purely for tax saving purposes, I have nothing else to say. Not sure what to answer.

can you guys please help me out with this? thanks heaps.


Last edited by oz99; 06-19-2011 at 03:21 AM. Reason: to provide more accurate information

  #80 (permalink)  
Old 07-03-2011, 01:52 AM
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Hi oz99,

What would be the quickest way to get the amended NOA from ATO ? online through tax agent or myself, or through paper?

Also did you get this query from your CO or from someone in Australia after it was sent for the final hearing by your CO?


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