Giving false or misleading information to tax officers

Giving false or misleading information to tax officers

It is an offence to Give False or Misleading Information to Tax Officers. The offence is in section 57 of the Taxation Administration Act 1997. It is a criminal offence to have provided incorrect or inaccurate information to the Tax Office either orally or in writing.

Have you been accused of Giving False or Misleading Information to Tax Officers? Make sure you get in contact with our firm where you will be directed to an experienced criminal defence lawyer as soon as you become aware of the allegation.

Interview
The interview process provides the investigator with an opportunity to either get admissions or information from you, which they will use to prosecute you. Do not treat the interview process lightly, speak to a lawyer as soon as you are invited to attend an interview. The answers you provide can be the difference between you successfully contesting the charge and having to plead guilty.

One of our lawyers can attend the interview with you to make sure you do not prejudice your defence.

Pleading Not Guilty
Pleading not guilty means you are contesting or defending the charge against you, either at a Contested Hearing in the Magistrates’ Court or at trial in the County Court or Supreme Court.

We take the time to properly analyse the evidence against you. We then provide you with comprehensive advice about your options for defending the charge of giving false or misleading information to a tax officer. This may include briefing experts to prepare a report or give evidence at Court. With your instructions we develop a strong defence to fight the charge against you.

It is always best to engage our firm from the very beginning because there may be evidence which the investigators have over-looked which needs to be preserved.

Pleading Guilty
One of our defence lawyers can advise you of the possible consequences before you decide to plead guilty to a charge of giving False or Misleading Information to a Tax Officer. If the prosercution case is a strong one, you may decide to plead guilty.

It is important that you take the time to prepare for your plea hearing. Preparation may involve gathering character references or reports to submit to the Court.

A plea hearing is your opportunity to convince the Judge or Magistrate that you should receive the lowest possible penalty. This is achieved by gathering material before the plea hearing which the Magistrate or Judge should receive.
  • A woman lies to a tax officer and says that she has not been living in Australia for the last 5 years.
  • A man intentionally provides a false statement of income to the Tax Office.

  • The information you provided was not false or misleading.
  • You did not know the information was false or misleading.
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 make a mistake when you told the Tax Office something?
  • Can they prove that the information you provided was false?

Maximum penalty and court that deals with this charge
The maximum penalty for Giving False or Misleading Information to Tax Officers (s57 of the Taxation Administration Act 1997) is a fine of 500 penalty units in the case of a body corporate or 100 penalty units in any other case.

Giving false or misleading information to tax officers is the sort of charge that would be heard in the Magistrates’ Court.

What can you be sentenced to for this charge?
If found guilty of this offence you will get a fine or a Community Corrections Order.

The section that covers this offence is section 57 of the Taxation Administration Act 1997.

What is the legal definition of Giving False or Misleading Information to Tax Officers?
A person has intentionally given a false or misleading statement to a tax officer.

“Did you lie to the Tax Office?”