Forum

 
  Back to OzPolitic.com   Welcome, Guest. Please Login or Register
  Forum Home Album HelpSearch Recent Rules LoginRegister  
 

Page Index Toggle Pages: 1
Send Topic Print
Contractors' status could be at risk (Read 2167 times)
Verge
Ex Member
*****


Australian Politics

Gender: male
Contractors' status could be at risk
Aug 6th, 2010 at 9:35am
 
Where is imcrook on this matter????

WA's housing construction industry has warned any move to change tax arrangements for independent contractors would have a devastating impact on home affordability.

The Board of Taxation and the Henry Tax Review both advocated tightening the rules governing independent contractors to ensure people were not using the existing system to avoid tax.

Business commentator Robert Gottliebsen says the move would be disastrous.

"It would transform the way millions of Australians work," he said.

The managing director of one of WA's largest residential builders, ABN Group's Dale Alcock, says tax rules that forced contractors to operate like employees would slash their income and erode the efficiency and quality of their work.

Mr Alcock says any changes would increase costs and make housing more expensive.

"Any significant change would affect affordability and this is a major issue both federally and at a state level. The cost efficiency and high quality homes enjoyed by the public in Australia would be a thing of the past," he said.

He says any attempt to force contractors to operate as employees would be met with stiff opposition.

"If the government thought it had an issue with the super profits tax, pull this one on and I think you'll find a very engaged residential construction sector that wants to fight it," he said.

The Assistant Treasurer Nic Sherry declined to be interviewed.

A statement issued by his office says changes to tax arrangements for independent contractors are not part of current policy.

The statement did not address the question of whether changes had been ruled out under a re-elected Labor government.

Back to top
 
And why not, if you will permit me; why shouldn’t I, if you will permit me; spend my first week as prime minister, should that happen, on this, on your, country - Abbott with the Garma People Aug 13
 
IP Logged
 
Verge
Ex Member
*****


Australian Politics

Gender: male
Re: Contractors' status could be at risk
Reply #1 - Aug 6th, 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.
Back to top
 
And why not, if you will permit me; why shouldn’t I, if you will permit me; spend my first week as prime minister, should that happen, on this, on your, country - Abbott with the Garma People Aug 13
 
IP Logged
 
Equitist
Gold Member
*****
Offline


Australian Politics

Posts: 9632
NSW
Re: Contractors' status could be at risk
Reply #2 - Aug 6th, 2010 at 9:39am
 

Verge wrote on Aug 6th, 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!


Back to top
 

Lamenting the shift in the Australian psyche, away from the egalitarian ideal of the fair-go - and the rise of short-sighted pollies, who worship the 'Growth Fairy' and seek to divide and conquer!
 
IP Logged
 
Verge
Ex Member
*****


Australian Politics

Gender: male
Re: Contractors' status could be at risk
Reply #3 - Aug 6th, 2010 at 9:53am
 
Equitist wrote on Aug 6th, 2010 at 9:39am:
Verge wrote on Aug 6th, 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.
Back to top
 
And why not, if you will permit me; why shouldn’t I, if you will permit me; spend my first week as prime minister, should that happen, on this, on your, country - Abbott with the Garma People Aug 13
 
IP Logged
 
Equitist
Gold Member
*****
Offline


Australian Politics

Posts: 9632
NSW
Re: Contractors' status could be at risk
Reply #4 - Aug 6th, 2010 at 10:21am
 

Verge wrote on Aug 6th, 2010 at 9:53am:
Equitist wrote on Aug 6th, 2010 at 9:39am:
Verge wrote on Aug 6th, 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...
Back to top
« Last Edit: Aug 6th, 2010 at 10:26am by Equitist »  

Lamenting the shift in the Australian psyche, away from the egalitarian ideal of the fair-go - and the rise of short-sighted pollies, who worship the 'Growth Fairy' and seek to divide and conquer!
 
IP Logged
 
Verge
Ex Member
*****


Australian Politics

Gender: male
Re: Contractors' status could be at risk
Reply #5 - Aug 6th, 2010 at 10:25am
 
Thy, what they did is exactly what the ATO has tried to outlaw.

Instead of pursuing further at your own cost, get the ATO in on it.  My bet is they didnt declare the 'subcontractors' on their workers comp and payroll tax either, even though they would have encompassed that.

There is however genuine subbies that work from job to job using their own tools and equipment in the building industry.

10 years ago a house cost $5k a square, now it costs $10k.  Its outragous such increases have occurred over a 10 year period.  We dont need any more pressue on the cost of building a house.
Back to top
 
And why not, if you will permit me; why shouldn’t I, if you will permit me; spend my first week as prime minister, should that happen, on this, on your, country - Abbott with the Garma People Aug 13
 
IP Logged
 
Equitist
Gold Member
*****
Offline


Australian Politics

Posts: 9632
NSW
Re: Contractors' status could be at risk
Reply #6 - Aug 6th, 2010 at 10:30am
 

Verge wrote on Aug 6th, 2010 at 10:25am:
Thy, what they did is exactly what the ATO has tried to outlaw.

Instead of pursuing further at your own cost, get the ATO in on it.  My bet is they didnt declare the 'subcontractors' on their workers comp and payroll tax either, even though they would have encompassed that.



The ATO has been involved - and that's another sad and ironic story...

Suffice to say that the original employer is a large PUBLIC institution - one for which there are strongly vested interests in avoiding media scrutiny of fraud - not least because there were Commonwealth Research Grant funds used in these sham subcontracting arrangements...

If I get any more specific, I would be publicly revealing the employer...


PS The circumstantial evidence alone is pretty damning - but I have more than one file box full of documents and the powerful original employer has indicated that they would defend any action to the hilt. Ironically, that in itself would likely render any court far more unsympathetic to their original actions in the sham. What do do, eh!?
Back to top
« Last Edit: Aug 6th, 2010 at 10:36am by Equitist »  

Lamenting the shift in the Australian psyche, away from the egalitarian ideal of the fair-go - and the rise of short-sighted pollies, who worship the 'Growth Fairy' and seek to divide and conquer!
 
IP Logged
 
Verge
Ex Member
*****


Australian Politics

Gender: male
Re: Contractors' status could be at risk
Reply #7 - Aug 6th, 2010 at 10:35am
 
Equitist wrote on Aug 6th, 2010 at 10:30am:
Verge wrote on Aug 6th, 2010 at 10:25am:
Thy, what they did is exactly what the ATO has tried to outlaw.

Instead of pursuing further at your own cost, get the ATO in on it.  My bet is they didnt declare the 'subcontractors' on their workers comp and payroll tax either, even though they would have encompassed that.



The ATO has been involved - and that's another sad and ironic story...

Suffice to say that the original employer is a large PUBLIC institution - one for which there are strongly vested interests in avoiding media scrutiny of fraud - not least because there were Commonwealth Research Grant funds used in these sham subcontracting arrangements...

If I get any more specific, I would be publicly revealing the employer...


Might be worth finding a solicitor who would take you on a no-win, no claim fee structure.

You might not get much in the end, but the principle of the matter is fraud should never be tolerated in the workplace, and people should be entitled to what is theirs.
Back to top
 
And why not, if you will permit me; why shouldn’t I, if you will permit me; spend my first week as prime minister, should that happen, on this, on your, country - Abbott with the Garma People Aug 13
 
IP Logged
 
Equitist
Gold Member
*****
Offline


Australian Politics

Posts: 9632
NSW
Re: Contractors' status could be at risk
Reply #8 - Aug 6th, 2010 at 10:40am
 

Verge wrote on Aug 6th, 2010 at 10:35am:
Equitist wrote on Aug 6th, 2010 at 10:30am:
Verge wrote on Aug 6th, 2010 at 10:25am:
Thy, what they did is exactly what the ATO has tried to outlaw.

Instead of pursuing further at your own cost, get the ATO in on it.  My bet is they didnt declare the 'subcontractors' on their workers comp and payroll tax either, even though they would have encompassed that.



The ATO has been involved - and that's another sad and ironic story...

Suffice to say that the original employer is a large PUBLIC institution - one for which there are strongly vested interests in avoiding media scrutiny of fraud - not least because there were Commonwealth Research Grant funds used in these sham subcontracting arrangements...

If I get any more specific, I would be publicly revealing the employer...


Might be worth finding a solicitor who would take you on a no-win, no claim fee structure.

You might not get much in the end, but the principle of the matter is fraud should never be tolerated in the workplace, and people should be entitled to what is theirs.


I hear what you are saying, and I am certain of the pobative value of the material evidence - but my past protracted experiences with litigation lawyers, over an extraordinarily stressful period of 4 years, resulted in near bankruptcy for me and my kids...as was the stated intent/threat of the other party, who subsequently carried out another serious threat - of committing suicide (but at least the kids did not die in the process - a well-founded fear that I had lived with for about 7 years)...

Back to top
 

Lamenting the shift in the Australian psyche, away from the egalitarian ideal of the fair-go - and the rise of short-sighted pollies, who worship the 'Growth Fairy' and seek to divide and conquer!
 
IP Logged
 
Sprintcyclist
Gold Member
*****
Offline


OzPolitic

Posts: 41457
Gender: male
Re: Contractors' status could be at risk
Reply #9 - Aug 6th, 2010 at 10:40am
 

that is a tough situation equit.

good luck
Back to top
 

Modern Classic Right Wing
 
IP Logged
 
Equitist
Gold Member
*****
Offline


Australian Politics

Posts: 9632
NSW
Re: Contractors' status could be at risk
Reply #10 - Aug 6th, 2010 at 10:44am
 

Sprintcyclist wrote on Aug 6th, 2010 at 10:40am:
that is a tough situation equit.

good luck


Ta - methinks that we're just about due some!  Wink
Back to top
 

Lamenting the shift in the Australian psyche, away from the egalitarian ideal of the fair-go - and the rise of short-sighted pollies, who worship the 'Growth Fairy' and seek to divide and conquer!
 
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print