Double the refund

Discussion in 'Accounting & Tax' started by Robert Petty, 24th Jul, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    Seeking any advice from lawyers or accountants.
    Hypothetically if a major accounnting firm paid you your refund twice do you need to give them a call and arrange to pay it back to them or is it their loss for being negligent with their own out going payments?

    Thanks in advance. Rob
     
    Perthguy likes this.
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,932
    Location:
    Australia wide
    There is no requirement to tell them of their mistake, but if they request the money back you would need to give them as it doesn't belong to you.
     
    Robert Petty likes this.
  3. Ross Forrester

    Ross Forrester Well-Known Member

    Joined:
    30th Oct, 2016
    Posts:
    2,085
    Location:
    Perth, Western Australia
    Hello Rob

    You are not obliged but it would be nice.

    Eventually the truth will come out. If you call it now you will look like a saint.

    The people you deal with now might move into different areas in the future and your path might cross again.

    Just my thoughts.
     
  4. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    So not letting them know isn't a crime? Any time limit where if they didn't ask for the money back that they would no longer have a claim to it?
     
  5. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    It's not a big enough amount for me to be greedy about keeping it but still nice to keep it if I can. It's a decent sum and could go towards the next deposit
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,932
    Location:
    Australia wide
    6 years probably
     
    Robert Petty likes this.
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,932
    Location:
    Australia wide
    And it may mean hardship for the tax agent - this could cause them to shut up shop for all you know.
     
    wylie and Robert Petty like this.
  8. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    Hmm I'll go into their office tomorrow. The lady who did my refund was nice so don't wanna see her get into trouble. The accounting firm on the other hand I just looked up and their worth a couple billion.
     
    Perthguy and Ross Forrester like this.
  9. Ross Forrester

    Ross Forrester Well-Known Member

    Joined:
    30th Oct, 2016
    Posts:
    2,085
    Location:
    Perth, Western Australia
    Just imagine if they did a google review if you and put that online? Really?

    Look after your suppliers and clients. They are all part of your team.
     
    wylie and Robert Petty like this.
  10. Greyghost

    Greyghost Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    1,635
    Location:
    Brisbane
    Why are you even contemplating keeping it?
    Poor form.
     
    Skuttles, Brady, balwoges and 5 others like this.
  11. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    Well you're right it would seem that way. But before posting here the first thing I did was call their office to speak to my agent or an office senior to alert them of their mistake. Was more a question out of curiosity.
     
  12. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    The question suggests theft by advantage. It occurs when a ATM spits out excessive money and many other ways.....Asking for advice on theft does not make it legal.

    s81 Crimes Act....to start
     
    Scott No Mates likes this.
  13. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    I'm not quite a lawyer so these are things I don't know. But as a hungry mind to learn from every experience in life I look the chance to ask what the rules are in such a situation. I had already organised to attend their office tomorrow and alert them.
    Anyone who knows me knows that I do everything by the book so I'm not trying to steal anything by any advantage.
     
    Perthguy likes this.
  14. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Its a choice. Do I steal or give back the error? One may become a crime. Finding $50 on the street is a crime. Since the Crimes Act requires it be reported to police. Do that and its not theft
     
  15. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    So I've already spoken to the office to give it back but since I wasn't aware of the situation until 8pm tonight (they don't close until 9pm so I was able to still call) I have to go back tomorrow when someone will be in the office who can help me. The clerk who answered the phone advised me that there was no one in the office at that moment who could assist me with the issue. But what you're saying is I also have to alert the police?

    See, this is why I asked. The more advice on how to handle and rectify the situation the better.
     
  16. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Call when they are open. Its no drama to rectify any advantage.
    Police ? No. Just call tomorrow and describe the issue.
     
    Robert Petty and Ross Forrester like this.
  17. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,004
    Location:
    Brisbane
    I would ask myself how I'd feel if the roles were reversed (in all of these types of scenarios - not just this one).
     
    Brady and Kesse like this.
  18. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,407
    Location:
    Qld
    Way back when, hubby received a director' bonus after we had lodged his tax return. As it related to the previous year, we wrote to the ATO declaring the income and asked to amend his tax return.

    Received a very nice letter back saying our records had been updated but no extra tax would be assessed! Should have framed it.
    Marg
     
  19. Luckycharm

    Luckycharm Well-Known Member

    Joined:
    3rd Apr, 2017
    Posts:
    164
    Location:
    Sydney
    I have a blanket rule to disregard anyone who says 'poor form'. Moral stance is personal. I keep it to myself when my choices are at odds with society.

    But I am a maligned property investor so what do I know:rolleyes:
     
  20. Robert Petty

    Robert Petty Well-Known Member

    Joined:
    18th Nov, 2016
    Posts:
    73
    Location:
    Melbourne
    Very much appreciate your advice Paul.
    Well I guess it would be poor form to keep it but at the same time that's just up to anyone's opinion.
    Went and spoke to their office manager this morning and they've assured me that they're being in contact with an office in Sydney that handles the refund payments and will get back to me.
    They will have to sign a witnessed letter of acknowledgment with me that they received it back once it's been sorted out. Just to be safe.
     
    Marg4000 likes this.

Property Investors! Ready to Pay Less Tax? Estimate how much Property Depreciation you can claim on your Investment Property. Washington Brown's calculator is the first calculator to draw on real properties to determine an accurate estimate.