The ABN: A Tool for Tax Evasion?

Table of Contents

Share at:

A major tax scam was just uncovered in the Northern Territory, where it has been found that tradies were quoting Bunning’s ABN in invoices in an attempt to evade tax. With this occurring on a major scale, the cost to the Australian Government could potentially amount to hundreds of millions of dollars.

Typically, the scam occurs when individuals employing the services of the contractor asks for an invoice. Tradies who provide the invoice give their company name but instead of quoting their own ABN, they would quote Bunnings instead. Investigators have found that more than 40% of the ABNs quoted in the Northern Territory belonged to Bunnings.

Start your ABN application in minutes!

Need an Australian Business Number to start a casual job? We've got you covered.

What is an ABN?

An ABN or Australian Business Number is an 11 digit number that uniquely identifies a business. It is issued by the Australian Business Register (ABR) and is operated under the Australian Taxation Office (ATO). This number is mandatory if you are trading as a business, regardless of size and it must be displayed on invoices. It is used for purposes of audit, and it tracks transactions and related revenues received to determine tax payable.

Do I Need an ABN to Invoice?

If the invoice is made in the course of an activity done in private recreational pursuit or hobby and wholly of a private or domestic nature, then you do not need an ABN to invoice.

If you invoice a business however and you do not include your ABN, then you would have to withhold 49% of the payment made and send it to the Australian Taxation Office. To find out more about whether you need an ABN to invoice, check out our previous guide.

How Will This Be Overcome?

Paul Drum, the Head of Policy at CPA Australia comments on how difficult it is to address this costly ordeal because of how convenient it is to circumvent the system. “All you need is to do is put someone else’s ABN on an invoice.” The whole system is designed based on honesty, however this conduct has exposed a clear fault with the system.

In their interim report, the Black Economy Taskforce, a government body that targets tax fraud, has made 35 recommendations to address this issue one of which is to validate the ABNs in real time. The final report is due to the Commonwealth Government on October.

Conclusion

In the end of the day, it is essential that you stick within the rules and avoid any temptations to evade tax. Consequences of tax evasion are serious and in extreme cases could result in severe jail sentences (up to 10 years).

On a different note, if you are a sole trader, it always recommended to Register an ABN.

Let us know your thoughts on the tax evasion ordeal by tagging us at #lawpath or @lawpath.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Competition Permits in Australia: A State-by-State Breakdown

Do you know when competition permits are required in Australia? Read this article to find out when they’re required in every state.

Casual Loading: When Do Employers Pay It?

Employers should be aware of when they need to pay their employees casual loading. Keep reading to find out when this applies.

Can A Sole Trader Hire Employees?

Can a sole trader hire employees? Short answer, yes. But as an employer, you have additional obligations to comply with.

Can An Employer Force You To Sign A New Contract?

Sometimes, employers will want to alter employment terms. Read here to find out if your employer can force you to sign a new contract.

Can I Sue For Lost Opportunity?

Yes, you can. However, the lost opportunity must arise from a contractual breach, misleading and deceptive conduct or negligence. See more.

Are Employers Liable When An Employee Makes A Mistake Due To Negligence?

Have you ever wondered if an employer is liable for their employee’s negligence? Read this article to find out.