We apply the full force of the law to anyone who deliberately avoids paying tax or provides false information to get a grant.
Under Victoria’s taxation laws, we have powers to:
- detect and investigate non-compliance
- get information from you and third parties
- add penalties and interest to your liability
- take legal actions to collect the tax, even if you are disputing it.
If we determine you intentionally disregarded the law, we will apply the maximum rate of penalties (up to 90%). You will also be charged interest.
If you give false or misleading information, we will consider prosecuting you for an offence.
Here are some examples of people who were punished for not following the rules. They faced serious penalties, including long prison sentences and high costs.
Land transfer duty
Seven years and 9 months imprisonment for fraudulent activities
After a tip-off, we investigated a conveyancer who was using their employer’s Duties Online (DOL) access for fraud. We found out the conveyancer kept land transfer (stamp) duty money from their clients. They made the transactions look like they were exempt from duty in the DOL system. The conveyancer pleaded guilty to several criminal charges. These included financial advantage by deception, making and using false documents, and theft.
Two-year imprisonment for false and misleading documents
An investigation revealed a conveyancer made fake documents to reduce the duty payable on 14 property transfers. He stole more than $250,000 from his clients and Victoria Police issued a warrant for his arrest. In the Supreme Court, the conveyancer pleaded guilty to 13 charges of obtaining property by deception and 14 charges of using a false document.
Four-month suspended sentence for tax evasion
A lawyer was convicted for tax evasion and sentenced to 4 months imprisonment (suspended for 12 months). He created fake identities and land transfers to get a land transfer duty concession on a property he had purchased. He also pleaded guilty to 3 other charges. The Magistrate said they would have given him immediate jail time if he hadn’t pleaded guilty. He was sentenced to a $5,000 fine and had to pay costs to us.
Two-year community corrections order for fraudulent activities
A conveyancer got a community corrections order for not registering property transfers and keeping the duty money.
First Home Owner Grant
Sentences and orders for failing to meet residence requirements
Several people have been charged under the First Home Owner Grant and Home Buyer Schemes Act 2000 for giving false information to get a grant for properties they did not live in.
A man was sentenced to 54 days in prison and ordered to pay costs after claiming a $7,000 grant and duty concession he was not entitled to.
In other cases, some people have been ordered to:
- return grants and concessions
- pay penalties up to 100%
- cover substantial costs and fines.
Non-custodial sentences and orders for false information
A woman received a 12-month good behaviour bond after falsely declaring her spouse had not received a First Home Owner Grant before. She had 12 aliases but no previous convictions. She pleaded guilty to 2 charges and got a good behaviour bond on the condition she repaid $12,000 to us within 30 days. She also had to pay costs.
Others who falsely declared information about their spouse or partner have been ordered to pay up to $41,000 and received a 12-month community correction order without conviction.
We have also found false answers and fake documents in First Home Owner Grant applications before and after approval. This led to charges in the Magistrates’ Court, resulting in substantial fines, good behaviour bonds, and orders to repay the grant with penalties up to 100%, including costs to us.
