Falsifying or concealing identity

The crime of Falsifying or Concealing your Identity is in section 60 of the Taxation Administration Act 1997. It is a criminal offence that is committed by a person or a body corporate that lied to the Tax Office about where they lived or where the location of their business is.

Have you been accused of Falsifying or Concealing Identity? You should speak with one of our expert defence lawyers as soon as you become aware of this allegation.

Police Interview
If police suspect you have committed the offence of Falsifying or Concealing Identity, they are going to contact you to arrange an interview. This will either contact you by telephone or by turning up at your place of residence or employment and arresting you. Ensuring you obtain legal advice prior to going ahead with the interview is crucial.

At Doogue + George Defence Lawyers we have experience in dealing with criminal allegations from start to finish, we understand how a police interview can impact on your ability to defend charges or negotiate a good outcome. Calling us prior to an interview will help you to feel more at ease in a daunting situation.

We will guide you through the interview process, discuss the likely questions and ensure you understand your rights and obligations including making a no comment interview or answering police questions.

Pleading Not Guilty
If you deny the allegation that you falsified or concealed identity whether as an individual or as a body corporate, you will be pleading not guilty to the charge against you. One of our expert lawyers can help you to understand the Court process and the steps it will take to reach an acquittal in your case. Also, our lawyers will prepare to strongly defend your case. This will involve appearing for you in Court and discussing your case with prosecutors.

Pleading Guilty
A plea hearing is your chance to tell the Court why you committed the offence of falsifying or concealing identity from the Australian Tax Office. The Court will want to hear about the circumstances that lead to the offending, your personal circumstances both past and present and any other factors that might reduce the penalty being considered. To support any of the factors put forward, it is important to obtain material to support them such as psychological reports, course certificates, character references. Obtaining advice from Doogue + George Defence Lawyers will help to ensure you do not miss an opportunity to minimise the penalty.

Examples of Falsifying or Concealing Identity
  • A man tells his tax accountant that he lives in Melbourne when he resides overseas.
  • A woman files an incorrect address for one of her businesses.
  • The information provided was not false.
  • You moved residence or the location of your business.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did you provide the wrong address for your home or business to the Tax Office?
  • Did you move home or change the location of your business and forget to tell the Tax Office?
Maximum penalty and court that deals with this charge
The maximum penalty for Falsifying or Concealing Identity (s60 of the Taxation Administration Act 1997) is a fine of 500 penalty units in the case of a body corporate, or a fine of 100 penalty units in any other case.

Falsifying or concealing identity is the sort of charge regularly heard in the Magistrates’ Court.

What can you be sentenced to for this charge?
If found guilty of this offence you will incur a fine.

The section that covers this offence is section 60 of the Taxation Administration Act 1997.

What is the legal definition of Falsifying or Concealing Identity?
Falsifying or Concealing Identity is when a taxpayer who by any act or omission, falsified or concealed, their residential address or business address, or the residential or business address of another person.

“Did you give the wrong address to the Tax Office?”