Verge wrote on Aug 6
th, 2010 at 9:53am:
Equitist wrote on Aug 6
th, 2010 at 9:39am:
Verge wrote on Aug 6
th, 2010 at 9:36am:
The rulings with regards to contractors are tricky enough as it is, but lets hope this suggestion doesnt discriminate against real contractors.
We pay enough per square for a house as it is now, do we really need more added expense.
My own kids were deprived of the legacy of a $100,000 life insurance policy, because of alienation of personal services income through convoluted sham sub-contracting arrangements!
Im not quite sure I follow what you mean thy. They were denied a payout, or denied the opportunity to take one out?
The ATO has worked hard to get rid of sham contractors, but it needs to be careful it doesnt go too far and disadvantages real contractors.
It is a long and sadly ironic story - but suffice to say that: after 3 years of continuous employment under a professional award with a $100,000 life insurance policy attached, the employer (a large public insititution with well-resourced human resource and legal departments) converted the employee to a sub-contractor.
After a period of time - and coincidentally (not!) subsequent to employment records being subpoenaed to court - the employer interposed a third entity and the 2 sub-entities cancelled and re-issued a large number of associated invoices (some of which had already been paid by the original employer to the 2nd interposed entity).
I have in my possession copies of all the relevant invoices over a 3 year period - and most of the cheque requisitions (all of which were signed off by the same two people) - amongst other evidence unwittingly provided by external organisations stating their belief that the original employment relationship had remained intact. The employer's own web-site still contains evidence that the employment relationship didn't change...
For various reasons, I have been in two minds about pursuing the matter much futher than I have already - not least because of the associated documentary evidence of outright fraud...
It is a tough moral decision - to take action that could potentially destroy the careers/lives of 3 people, to claim what rightfully belongs to my children - one that continues to weigh heavily on my mind after over 2 1/2 years...