My Annual MyGov Warning

It comes to this time each year and we find that many clients who had a tax debt or an unpaid amount get notices sent through My Gov. And they dont login and read what the MyGov action is. One of the awful aspects of MyGov is that is send a simple sms that looks like spam. It only says you have a message in your My Gov inbox. Thats it. It could be a serious issue and you have no idea. It could be an audit letter saying you must contact us within 28 days or we will amend. I have seen many of those.

As tax agents we get no correspondence from the ATO until a final tax debt letter is issued as a last resort. They dont even send a copy of notices of assessment to us.

I post this same issue every year. My Gov is forever. You cant unsubscribe. Once you do then ALL correspondence goes there. Even if they amend your tax, impose penalties etc. About all they send in paper comes from a final demand letter or final debt demand or a debt collectors letter.

And if you leave the country its even worse. There is a MyGov security feature that forces you to have a local mobile phone number. Its where the one-time security code is sent.. Before you leave the country you must turn off that feature or you cant access your account from offshore !!

 

I'm waiting for a taxpayer to take action that delivery never occurred and issue wasnt not consistent with the TAA. I have had two clients with very serious tax outcomes caused by MyGov. In each case the ATO relented and agreed that nothing was served. One was affected by an assessment not capable of objection, appeal or amendment - A default notice.

I may be wrong but I dont believe the Tax Administration Act was amended to say MyGov is issue of a notice. I would argue that the period to amend may be open ended if a notice of assessment is issued in My Gov.

I also see a flaw in how notices are issued. They appear in the notices section a week before issue. How can something not issued be issued ?? So is the date wrong ? Is the assesment valid ? I have used that also as proof the Commissioner is engaged in a fiction when assessments are raised since they are raised prior to the issue date. The DPP withdrew action because of it. I swear I have never seen amending laws however.

 

ATO can also call you. I received a call a few weeks ago from a person claiming to be from the ATO. The person immediately asked me to confirm my date of birth. I declined to provide any information. Instead, I asked for a reference number which the caller was happy to provide. I then searched for the ATO phone number myself and called them direct. I advised the person I spoke to that I had a reference number and they arranged for me to speak to the assessing officer.

The call was legit from the ATO and the officer was not at all surprised that I had asked for a reference number.

It could have just as easily been a spam call seeking personal information.

 

Yep, have just had this issue, got a final notice for a tax payment, went into myGov, still had 1 day left to pay before debt collection proceedings commenced! Was fine to pay but just didn't even realise it was sitting there. Can't say my myGov inbox is something I check regularly!

 

PAYG related?

 

My interpretation is that "it depends". Some parts of the Act seem to specify writing and some specify "give notice". I think a "reasonable person" can argue that anything enforceable should be in writing. Who is right in this case is likely open to some interpretation and not worth the ATO arguing the point with you.

 

I should add, it could be argued that MyGov is "in writing" but whether that would wash in court is another thing.

 

Yep. First I heard about a tax debt was when a debt collector contacted me. Rang ATO and they said, Oh we put a message on the MyGov website. What they fail to understand is that I access MyGov once a year to get download of dividends for tax return. And I really cannot navigate as I am not a power user, unlike a bank’s website where you would normally access it daily and know all the ins and outs.

 

Rather than complain, turn off the mobile password feature, and put a reminder on your email or phone calendar. Every 2 months, log into mygov. Take you 3 minutes of time a year.

 

No thanks. It is their job to contact me, not the other way around.

 

I genuinely do not know what this is. Does the government register you to this site?

 

Received an SMS about a month back saying there was a new letter at MyGov. It annoys me that I have to login to read it - just email me the letter. I don't even remember my login details!

So decided to login - had to reset password etc. There are no messages in my inbox - yet SMS received end of March says check inbox. MyGov appears not to be linked to any agencies - so no idea who the letter/ communication was from.

So these agencies can send you stuff - even if you haven't linked their service - as this counts as them notifying you.

 

You can unlink the ATO from your mygov account and notices will then be delivered to your postal address.

 

indeed,

 

That's terrible. A need for a revolution.

 

No you do. If you use the ATO online tax services, Centrelink, Medicare etc you need a MyGov account login. I dont recommend until you must. Its like a virus you cant remove.

 

No you cant. Its permanent. You can update you address and they still use MyGov.

 

The only one I use rarely is Medicare and I visit the offices for my refund.

Thank you very much for the heads up.