Garnishee notices – #SVVoidables by Matthew Hudson

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November 4, 2019Garnishee notices, Voidable Transactions

ATO garnishees outlive s569

One day Liquidators will work out a solution to clawback garnishee payments made to the Australian Taxation Office pre-appointment. But s 569 is not likely one. Garnishees have long been a thorn in our sides, as it no doubt gives the ATO an unfair advantage (when they knew or ought to have known of the Company’s…

May 30, 2018Garnishee notices, Public Commentary

IGT review of garnishee notices announced

As of today, the use and ‘abuse’ of ATO garnishee notices are to be reviewed by the Inspector-General of Taxation. The review is said to have been inspired by the #FourCorners program that many would be familiar with. The review will include the consideration of “how the ATO considers circumstances of taxpayers such as vulnerable small businesses…

April 30, 2018Garnishee notices, Voidable Transactions

Unfair preference against an ATO garnishee notice

Can a liquidator claw-back pre-appointment garnishee payments to the ATO as unfair preferences? The ATO has forever said no, but is that right? Would love to hear your thoughts in the comments. The two key ingredients to the ATO’s defence are: (1) there is no transaction between the company and the ATO, because the garnishee…