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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was declared bankrupt on 9 march 2011 which was tax debt.

Customer Question

I was declared bankrupt on 9 march 2011 which was tax debt.
I have been summonsed for a court date for not lodging my tax income for 2006/7,2007/8 through to this year.
I thought that the tax for before the bankruptcy was written off in the debt.
I am lofging the other outstanding tax years shortly....
I will plead guilty for the recent years but thought bankruptcy covered the early lodgments.....
your assistance would be greatly appreciated.
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today.

You need to lodge your tax returns for the years you have not in order that the trustee in bankruptcy can determine the actual tax owed to the tax office so that the tax office can be considered a creditor that the trustee in bankruptcy needs to pay out of your estate. I assume the Australian Taxation Office is just making sure that it is considered a creditor in the process by doing this. The ATO needs it to prove the debt to the trustee. Does that make sense?

Customer: replied 1 year ago.
My tax debt was written off..I thought that would be everything...
itp capalaba were doing my tax lodgement they were part of bankruptcy would they stilll have that on record ..
Customer: replied 1 year ago.
I spoke to itp they said ishould be able to get printout of my early income lodgements....so I will get them and have them lodged.
m t ciurt date is early february.....it says Ican plead guilty early.....how do I do that and can I use you to do that o my behalf.....your advise would be greatly aappreciated. .
Expert:  kmslaw replied 1 year ago.

It's not a tax debt until you lodge your income tax return. Can you scan the Court documents you have and send them to me and I will answer the other questions? Do you want someone to appear in Court for you in February? Which Court is it and what date is it?

Customer: replied 1 year ago.
Kylie can I fax the documents to you.
Once you have them I would like to then pay the fee so I can talk direct with you.
Thank you john.
Expert:  kmslaw replied 1 year ago.

Can you attach the documents using the paperclip here? I have cancelled my fax number. Can you see the paperclip? Otherwise I will provide you with an address to send the documents to JustAnswer by email so they can send it to me

Expert:  kmslaw replied 1 year ago.

Sorry I just updated my knowledge on this: you can add files using the "Add Files" clickable link on your screen. You can't send the documents to customer service anymore but if you need their help to locate the add files button/link, you can visit http://ww2.justanswer.com/help

Customer: replied 1 year ago.
Kylie my technical knowledge is very limited.
Ve tried to workout how to get the documents to you but fail each time.
can I photocopy them and post to po box or something
sorry for any inconvenience
thanks john....
Expert:  kmslaw replied 1 year ago.

I will find out whether that would be in breach of my terms with JustAnswer and come back to you shortly.

Expert:  kmslaw replied 1 year ago.

Hello again. It appears I can't share my information with you unless we do an additional services phone call. So, you can use the Contact Us button at the bottom of your page or you can email***@******.*** to ascertain how to send me the documentation.

If that doesn't work, we'll have to try additional services.

Let me know how you go.