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Some 5 years ago I was approached by a person claiming to be…

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Hello, some 5 years...

Hello, some 5 years ago I was approached by a person claiming to be staff of RSA Public Works Dept., stating that he had negotiated granting a contract of work to an Australian firm on basis that he received USD25.5m from the final payment and needed a company in Australia to claim the money as beneficiary. I was in a bad business position and decided to take it on. Foolishly I have persevered with a frustrating process and even more foolishly paid money to obtain various clearances including stamp duty and tax. The funds were to be transferred from a group called Credit Unit in Amsterdam. I am now asked to prepay tax of 70,000 Euros before the funds can be transferred. When said like this it all sounds like a classic scam, but all communications have been very convincing. Your advice shall be appreciated.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

There is no employment involved. It was a contract.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Not applicable.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I really need to know if the RSA Government pays overseas contractors through this group called Credit Unit in the Netherlands. Also, I am aware that CRS certification is needed to have funds transferred overseas. I am told that this can only be obtained by prepaying the tax, but I believe that it can be satisfied by documentation when between countries covered by a Jurisdiction agreement.

Submitted: 7 months ago.Category: Australia Law
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Answered in 4 hours by:
11/21/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,099
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

Can you please expand on the term "RSA" ?

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Customer reply replied 7 months ago
This is not a question about Australian Law. It relates to transferring funds from an EU country or from RSA (Republic of South Africa).Obviously I have not given you enough information or detailed it sufficiently for you to grasp the problem. Perhaps you did not receive the total enquiry.Just to expand a little bit at this stage: the funds o0f USD25.5m had to be paid by the RSA Government Treasury to Vinmax Projects Pty. Ltd as Beneficiary. I was informed that they pay all overseas contracts through an Agency of Treasury known as Credit Unit in Amsterdam under the control of a Funds Manager in Madrid (***** *****). Wilson has demanded and been paid various sums of money by me to cover pre-payment costs, stating that deduction from the contract sum was not permitted under RSA guidelines. These were said to cover items such as Attorney fees to act on my behalf to sign for release of funds, stamp duty (which I do not think applies in Netherlands) and now he wants over 100,000 Euros to prepay tax to allow issue of CRS certification to permit the contract sum of USD25.5m to be transferred. Deduction not permitted by Treasury.I believe that the certification is needed but can be satisfied between Reportable Jurisdictions by self-assessment by the Australian recipient (Vinmax) by providing its Australian Tax File Number.What I am seeking would require advice from a South African Lawyer – preferably one who understands the workings and methods used by Treasury, to pay overseas contractors and who may have contacts in the Treasury.I repeat that my question seems to have been totally misunderstood and has nothing to do with Australian Law.I need advice from an Attorney with knowledge of the workings of the RSA Dept of Finance and the EU law relating to the transfer of funds from an EU country to a recipient in another country within the Reportable Jurisdiction.Please email me for any further details required. I have written to the Dept. of Finance (no reply) and can email you a copy of that letter if you need it.Just tell me if this enquiry is outside your area and I am wasting your time.
Solicitor: John Melis, Lawyer replied 7 months ago

ok Thanks for that.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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