Have you been charged with Failing to Keep Proper Records?
If so, you will require the services of a law firm that specialises in criminal law before proceeding further. Discuss the following questions with your lawyer: Can the prosecution make out their case? Did you fail to keep important tax records? Did you realise they needed to be kept?
Please read below for more information in relation to this charge.
Elements of the offence
Section 50 of the Taxation Administration Act 1997.
The prosecution must prove:
The defendant failed to keep all records that were necessary to enable the defendant’s tax liability under a taxation law to be properly assessed.
The maximum penalty
500 penalty units in the case of a body corporate or 100 penalty units in any other case.
Where will my case be heard?
Failing to Keep Proper Records cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer immediately, so preparation of your matter can begin. If you have been charged with Failing to Keep Proper Records make an appointment to see one of our experienced lawyers today.
The legislation
Section 50 Requirement to keep proper records
(1) A person must keep, or cause to be kept, all records that are necessary to enable the person’s tax liability under a taxation law to be properly assessed.
Penalty: 500 penalty units in the case of a body corporate; 100 penalty units in any other case.
(2) This section does not affect a provision of any other taxation law concerning the keeping of records.
