These are more colloquially known as Group Certificates (for permanent
employees).
I've got two summaries, and an ETP certificate, but I'm missing a
third one for the one month's salary that was paid in July, which I've
never received. Do other people have the same issue?
The two PAYG payment summaries are for the part-payments we received
in August and September 2007, and the final dividend we received in
January 2008.
My question is whether anyone else is also missing the summary for the
July payment?
I am a Defendant in a lawsuit brought by my former employer IceTV Pty Ltd.
One of the Directors of IceTV is Rod Sutherland, who was one of the
Administrators of Mobilesoft.
My company Vogel Ross was also a creditor of Mobilesoft when it went into
administration.
At a recent hearing of the IceTV matter, I attempted to get leave to
cross-claim against Rod Sutherland on the basis of losses I allege my
company suffered as a result of his administration of Mobilesoft including
an allegation that his statement of independence was misleading.
The judge said:
"It appears to me that the claims against Mr Sutherland and Mr Arnautovic in
the proposed fourth cross-claim raise separate and discrete matters under
the Corporations Act which ought not be brought by cross-claim in any
event."
So I will need to start separate proceedings. This will present opoprtunity
for others who feel they were disadvantaged by the way the administration
and DOCA were handled to join as plaintiffs.
Anyone who is interested in discussing this should contact me off-list.
Thanks,
Peter Vogel
[Non-text portions of this message have been removed]
--- In otmushrooms@..., nick4mony <no_reply@...> wrote:
>
> My question is whether anyone else is also missing the summary for the
> July payment?
I've received two replies off-list, both saying the same thing as I've
said, and more.
I'll leave it up to the authors if they wish to join up and identify
themselves.
===== First person ======
That's right. I don't think anyone has received pay summaries for July
2007 as the current "management" says they dont have the records - that
the administrators do - and the administrators say it's not for them to
do - or something like that.
My accountant said I could "legitimately forget" that bit of income and
if the payment summary turned up some time later I could "remember
without penalty", but I chose to declare it anyway using my pay slip as
a reference.
===== Second person =====
Hi Nick,
I knew I had two summaries, and thought it was all good, until you
pointed it out and I checked the dates on them...
I'm missing a summary covering from July 1st 2007 - (end-date) 2007.
This should have been issued by Mobilesoft, have you already contacted
them about it?
===== Second person again =====
Quick update: I just called Mobilesoft and according to the
current Chairman, Phillip Blundell, "The administrator (Jirsch
Sutherland), could not find enough documented evidence to issue a
payment summary for July", and his advice was just to fill out a stat
dec stating this fact and estimating the tax withheld by Mobilesoft
prior to the appointment of the administrators.
And there I thought I had finished having to worry about Mobilesoft
and the administrators...:(
Have you already contacted the others?
===== End replies =====
Thanks to the two people who replied.
I've got the group set up as "open" (anyone can join, fully auto
procedure), so it's nice and easy (except I have to kick the 'bots off
occasionally).
--- In otmushrooms@..., nick4mony <no_reply@...> wrote:
> That's right. I don't think anyone has received pay summaries for July
> 2007 as the current "management" says they dont have the records - that
> the administrators do - and the administrators say it's not for them to
> do - or something like that.
I think the ATO needs to point a gun at these guys (at times like this
you admire the IRS's style). At best they are being cheeky.
My information tells me that the records were in good order, and in
addition to this Payment Summary debacle, they've misinterpreted the
information on various occasions.
I can say, for the OpenTel case that Group Certificates were issued by
the administrators for the period before they took control (but those
administrators screwed up by not sending any ETP forms, which caused
quite a bit of grief on my tax return).
Antony, what was the situation at Swish, with Group Certificates?
> My accountant said I could "legitimately forget" that bit of income and
> if the payment summary turned up some time later I could "remember
> without penalty", but I chose to declare it anyway using my pay slip as
> a reference.
That is really woeful.
The most likely result is that it will take a while for a person to
get a new job, so in the financial year they'll earn less than normal.
The PAYG tax should be about even when you're employed fully through
the year, therefore it will be TOO MUCH when put against the reduced
income in the year.
If you declare it, you'll most likely get a refund: the excess of the
PAYG tax over & above the tax on the extra declared income.
I'm also sure the ATO will pick up on the mismatch in a millisecond,
and start hounding you about it.
Anyone actually thinking of taking that accountant's advice had better
get their own advisor to issue a written statement of that advice.
> ===== Second person =====
> have you already contacted
> them about it?
No, but I'll certainly send JS a form-letter (email). So if the ATO
asks, I can say I did ask them. And it gives me one more excuse to
hassle JS.
> ... fill out a stat
> dec stating this fact and estimating the tax withheld by Mobilesoft
> prior to the appointment of the administrators.
No need to estimate: the payslip has the exact figure.
I can understand administrators might have difficulties if they had to
take over from a plain lazy or rogue director who never kept proper
records, but these cases (Mobilesoft & OpenTel) are fairly clean-cut,
and there should be no excuses.
To be perfectly frank, getting the right payment summaries and ETP
certificates should be as easy/consistent as getting a McDonalds
burger. There's no particular science to it, unless the records are
bad. There's 275 companies a week that go under, so it SHOULD be a
well-oiled procedure for the insolvency industry.
(oh I nearly forgot, though, Deloitte did send out a bunch of empty
envelopes, so am I being too optimistic?)
((why aren't Silvers [the circus people] employing these characters???))
Nick Bishop.
"Everything that could be invented, has been invented"
-- Charles H. Duell, Commissioner US Patent office, 1899.
Just wanted to add some clarity if possible to this MSO mess. The
current directors (and therefore management) of MSO are responsible
for ensuring that the Payment Summaries prior to administration are
completed for the period 1/7/07 to 21/8/07. They do have the
information, all the financial records were up to date at the time
administration commenced.
The last time we worked on the database was at the Neutral Bay office
so maybe they have "misplaced it in the move".
However I am sure a copy could be located given the right incentives.
The last time Richard worked on the database was to do the financials
for JS ready for the second creditors meeting as they messed up the
first financials. Richard completed the statements from the MSO
database in the presence of Anthony from JS, who then took credit for
the work. Interesting that they can rely on the database for their
own
use yet discredit it to others.
It is not a big deal to produce payment summaries, very simple in
fact
if you know what you are doing and how to operate a MYOB database.
Perhaps that's the problem.. Either way no one has contacted us to
ask
if the information is available or for our help.
The administrators are responsible for any wages reporting during the
period of administration. I assume you all have received those
summaries. It is a simple calculation to work out the July/Aug
wages.
We are happy to help if required.
Best wishes
Danielle Plaskitt
On behalf of Danielle and Richard Plaskitt
Former MSO accountants
--- In otmushrooms@..., nick4mony <no_reply@...> wrote:
>
> These are more colloquially known as Group Certificates (for
permanent
> employees).
>
> I've got two summaries, and an ETP certificate, but I'm missing a
> third one for the one month's salary that was paid in July, which
I've
> never received. Do other people have the same issue?
>
> The two PAYG payment summaries are for the part-payments we received
> in August and September 2007, and the final dividend we received in
> January 2008.
>
> My question is whether anyone else is also missing the summary for
the
> July payment?
>
> Nick Bishop.
>
Just had a follow up chat with Richard, we have these thoughts to
offer you and the other ex MSO employees regarding their income tax
returns for 2008. There are four components to last years MSO income
that should be reported
1 Income received from MSO pre administration, this is for July and
everyone should have kept their pay advices. We can assist with this
information if anyone does not have it and you cannot get payment
summaries from MSO
2 The income paid by the administrator, for which you should have
received payment summaries from JS
3 The dividend you received as creditors of MSO, which is the
percentage of your outstanding salaries you should have this payment
summary too
4 Any payment received under the governments employee entitlements
protection scheme. Clarify your tax position on this.
Of course there is a fifth element being income earnt since MSO, I
hope you have all had better fortune than us in this regard.
We are happy to assist ex-employees with calculations to make a stat
dec for the ATO, unfortunately we cannot issue payment summaries
without authority as company accountants. MSO's current management
should be approached in this regard. If it is beyond their
capabilities to produce the summaries, we would also happily assist
if asked.
And don't buy the current manure being spread, the information is and
always was available, they only have to ask if they cannot manage to
complete the summaries themselves.
All this should probably be brought to the attention of ATO
compliance. They do act and follow up on complaints.
I hope this helps, remember we are here if anyone has any questions
they would like to ask us directly.
Best wishes
Danielle and Richard Plaskitt
--- In otmushrooms@..., "danielleplaskitt"
<danielleplaskitt@...> wrote:
>
> Hi Guys
>
> Just wanted to add some clarity if possible to this MSO mess. The
> current directors (and therefore management) of MSO are responsible
> for ensuring that the Payment Summaries prior to administration are
> completed for the period 1/7/07 to 21/8/07. They do have the
> information, all the financial records were up to date at the time
> administration commenced.
>
> The last time we worked on the database was at the Neutral Bay
office
> so maybe they have "misplaced it in the move".
>
> However I am sure a copy could be located given the right
incentives.
> The last time Richard worked on the database was to do the
financials
> for JS ready for the second creditors meeting as they messed up the
> first financials. Richard completed the statements from the MSO
> database in the presence of Anthony from JS, who then took credit
for
> the work. Interesting that they can rely on the database for their
> own
> use yet discredit it to others.
>
> It is not a big deal to produce payment summaries, very simple in
> fact
> if you know what you are doing and how to operate a MYOB database.
> Perhaps that's the problem.. Either way no one has contacted us to
> ask
> if the information is available or for our help.
>
> The administrators are responsible for any wages reporting during
the
> period of administration. I assume you all have received those
> summaries. It is a simple calculation to work out the July/Aug
> wages.
> We are happy to help if required.
>
> Best wishes
>
> Danielle Plaskitt
> On behalf of Danielle and Richard Plaskitt
> Former MSO accountants
>
> --- In otmushrooms@..., nick4mony <no_reply@> wrote:
> >
> > These are more colloquially known as Group Certificates (for
> permanent
> > employees).
> >
> > I've got two summaries, and an ETP certificate, but I'm missing a
> > third one for the one month's salary that was paid in July, which
> I've
> > never received. Do other people have the same issue?
> >
> > The two PAYG payment summaries are for the part-payments we
received
> > in August and September 2007, and the final dividend we received
in
> > January 2008.
> >
> > My question is whether anyone else is also missing the summary
for
> the
> > July payment?
> >
> > Nick Bishop.
> >
>
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