A 55-YEAR-OLD Melbourne former tax accountant was recently sentenced in the County Court to three years jail for tax fraud.

Immanuel Shmuel was convicted of attempting to obtain a financial advantage of more than $390,000 by amending his Business Activity Statements (BAS) to reduce his existing debt and receive a refund.

As the director, owner and authorised tax representative of E.C Services Pty Ltd (a bank franchisee), Mr Shmuel failed to lodge his BAS between July 2012 and June 2014. The ATO commenced an audit looking into the missing BAS, which resulted in almost $200,000 raised in outstanding debt and penalties.

When Mr Shmuel failed to pay the amount owing, the ATO applied to the Supreme Court to have the company wound up. But in the meantime, over a two day period, Mr Shmuel lodged 66 false BAS revisions, deliberately reducing the pay as you go (PAYG) withholding to nil.

Not only did this eliminate the debt, but it also created a purported credit of $144,538. Further investigations found the revisions were entirely fraudulent. Mr Shmuel subsequently requested a refund of the credit amount; however, the ATO did not pay out the refund.

Mr Shmuel’s tax practitioner registration was also terminated, and he has not lodged a new registration since.

ATO Assistant Commissioner Megan Croaker welcomed the sentence and said it reflected the serious nature of Mr Shmuel’s crimes.

“Tax professionals play an integral role in supporting the tax and super systems for all Australians," Ms Croaker said.

“We have a shared interest with registered agents, the Tax Practitioners Board (TPB) and tax professional associations to protect the community and the integrity of Australia’s tax and super system.

“Those people who try to evade or cheat the system will get caught and firm action will be taken. We have systems in place to detect this type of behaviour and it will not be tolerated.

“We welcome the sentence and will continue to work with tax professionals to ensure the integrity of the system and to protect honest tax professionals and the community from these types of crimes,” Ms Croaker said.

This matter was prosecuted by the Commonwealth Director of Public Prosecutions.

www.ato.gov.au

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THE Transport Workers’ Union (TWU) has slammed Qantas's push to relax isolation rules for aviation workers, saying the airline would rather sacrifice workers' health than fill workforce gaps by reinstating the 2000 workers it 'illegally sacked'. 

“Public health is not about maximising Alan Joyce’s quarterly profit results," TWU national secretary Michael Kaine said. "Workers need isolation rules to stay, even if that is inconvenient to Mr Joyce.

"What Mr Joyce misleadingly calls absenteeism is actually sick leave, and every Australian worker is entitled to that."

In 2020, aviation lost 12,500 highly trained workers through redundancies and illegal outsourcing by Qantas, according to the TWU. In July 2021, the Federal Court found Qantas illegally outsourced its ground crew to prevent them bargaining and taking industrial action, Mr Kaine said.

"There are 2000 Qantas ground crew sitting at home waiting to be reinstated, after being illegally sacked so Qantas could rehire them on cheaper pay and worse conditions," he said.

"Rather than risking the health of everyone by scrapping isolation rules, Qantas could reinstate these 2000 workers to fill the gaps in our airports. 

"Qantas pocketed $865 million in JobKeeper and at the same time illegally outsourced its entire ground operations.

“Now the airline doesn’t have enough customer service workers, baggage handlers or ground staff to respond to surging demand."

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AS SMALL to medium businesses across Australia respond to sudden staff shortages because of the pandemic, the looming four-day Easter break is not what it’s cracked up to be when it comes to effectively understanding and managing correct holiday period entitlements for workers.

Employsure business partner, Emma Dawson,said thousands of workers continue to call in sick with short notice to employers because they have either tested positive to the Covid-19 virus or are forced to isolate because they are a close contact, putting SMEs employers further under the pump.

“As we head towards the Easter holiday period, we encourage employers to do all they can in this ever-changing environment to be as best prepared as possible for the break and understand the impact of employee entitlements on their business,” Ms Dawson said.

“While most people are looking forward to a four-day break and the beginning of school holidays, there are plenty of employers scratching their heads as they look to roster staff – particularly casual staff - and work out their different entitlements so they can do the right thing and still stay sustainable,” she said.

“This Easter break is shaping up to be one of the busiest we have seen for many years, as people take opportunity to visit family and friends and venture further afield in response to relaxed restrictions and border re-openings. That is a great opportunity for many businesses but creates an increased likelihood of an SME employer making an unintentional payment mistake because they are busy trying to cover for last minute gaps in staffing.”

Ms Dawson said the Employsure team was bracing for a spike in contacts over the holiday period from employers wanting help to navigate the complexity of worker entitlements, correctly remunerate staff and fulfil their many obligations under an array of Awards.

“Employsure has developed a comprehensive and easy-to-understand guide to support businesses and help them understand their obligations as an employer,” Ms Dawson said.

“Employers particularly need to understand the impact of the 11 minimum entitlements of the National Employment Standards (NES) on their business, which cover important issues such the maximum number of hours an employee can work in a week, obligations for parental, annual leave and other leave types, and responsibilities regarding flexible working arrangements.”

More information about NES entitlements can be found here, and 24/7 employment relations support offered by Employsure is available on 1300 651 415.  

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SPIRIT SUPER has welcomed the purchase of Intsaclustr by NetApp, a NASDAQ listed company. Intsaclustr is an industry-leading platform for deploying and managing open-source data and workflow applications as a service.

Intsaclustr was founded within the Australian National University and received capital from ANUConnect Ventures, a partnership between ANU and MTAA Super (now Spirit Super).

Spirit Super chief investment officer, Ross Barry said, “Not only has this been a very successful financial investment, but it is also part of our 'impact investing' platform and so Spirit Super members can feel proud that their investment is driving home-grown technology and job creation right here in Australia.

“Spirit has the ability to look to opportunities some of the larger super funds may pass over. Our direct investment in ANUConnect Ventures is a great example," Dr Barry said.

“More generally, Spirit Super is committed to investment in regional Australia and restoring our domestic industrial fabric. The ecosystem created in Canberra with the collaboration of ANU, ANUConnect Ventures and the ACT Government has extensive multiplier effects on local employment.

“Spirit Super congratulates the founders and management of Intsaclustr, the CEO and team at ANUConnect Ventures and the ANU. It's a great testament in the ability of Australians to create value and grow businesses in the technology sector.” Dr Barry said.

About ANU Connect Ventures

ANUConnect Ventures is a 50/50 joint venture between the ANU and Spirit Super. Incorporated in 2005 the $47 million fund was established to invest in unique ideas, discoveries and inventions coming out of the ANU and ACT. The joint fund was supported by a $10 million commitment from the ACT Government. Investments were aimed at early-stage ventures within the Canberra region, with exceptional commercial potential, and economic and societal benefit to the ACT. Now, 16 years later, the returns on these investments are flowing into the ACT, with two of Canberra’s high-growth tech companies long term beneficiaries of the joint fund. This could not have been possible without the on-going support of Spirit Super (formerly MTAA Super), the Australian National University, and the ACT Government. The fund is closed to new investments but continues to support portfolio companies as they grow.

About Spirit Super

Spirit Super is multi-industry fund built for hard working Australians with support they can count on, low fees and a history of strong returns. It has 325,000 members (as at June 2021) and representatives around the country.

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