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Posted: Oct 21 2017, 08:22 AM
Group: Featured Blogers
Member No.: 17
Joined: 17-January 12
Rep: 142 pts
Hutt River Province leaders fail in court appeal against $3 million tax bill, could take claim to High Court
Friday, 20 October 2017 3:58PM
Perth weather Oct 20
The principality of Hutt River seceded from Australia on April 21, 1970.Picture: Ian Munro
An appeal by the leaders of the Hutt River Province against a $3 million tax bill – which they claimed was an attempt by Australia to “overthrow the kingdom” – has been thrown out of court.
The original tax office writ filed in the WA Supreme Court late last year alleged that Leonard George Casley, who calls himself His Royal Highness Prince Leonard, failed to pay income tax between June 2006 and November 2013 — a period spanning eight financial years.
The ATO sued the 92-year-old monarch to recover the alleged multimillion-dollar debt, which is made up of $1.47 million in unpaid income tax and running balance account debt, $756,000 in penalties and $415,000 in interest.
The court ruled the claim was valid, with Judge Rene Le Miere panning the concept of Australia’s oldest micro-nation, saying while anyone could declare themselves a sovereign in their own home “they cannot ignore the laws of Australia or not pay tax”.
And today, an appeal against that ruling was thrown out.
“Nothing in the material relied on by the appellants, which we have read and considered, provides any arguable basis for concluding that Leonard Casley's purported declaration of secession from Australia in 1970 had any legal effect,” the ruling said.
The Casley’s had sought to rely on an income tax assessment for the year ending 30 June 2001 to Arthur Casley, and for the year ending 30 June 2005 to Leonard Casley, indicating that they were deemed to be a 'non-resident of Australia for income tax purposes';
They also pointed to correspondence issued in 2015 - 2017 addressed to the appellants at 'Principality of Hutt River'.
“None of those documents arguably represent that the Deputy Commissioner will never issue an assessment or amended assessment treating the appellants as residents of Australia for tax purposes,” the appeal judgment said.
Graeme Casley, who earlier this year succeeded his father, Prince Leonard, as the Sovereign of the Principality of Hutt River, said they might now consider an appeal to the High Court.
He had earlier said the family did not have the money to pay the bill, and may also consider a possible bid to the Human Rights Commission claiming the tax office was guilty of “torture”
On the Principality of Hutt River website, Prince Leonard has published letters sent to him and his late wife Shirley from the ATO stating they were deemed non-residents of Australia for tax purposes in 2005. In 2012,
Prince Leonard reiterated that he and the citizens of Hutt River were exempt from paying taxes.
But the ATO has stated for years that the “the Australian Government does not legally or otherwise recognise the so-called Hutt River Province”.
It also warned potential investors to avoid any involvement with Hutt River Province international business companies and “any other entities as well as any associated international dealings because they have no legal basis and could be illegal”.
Prince Leonard instigated the “secession” of the micro-nation from Australia in 1970 in protest against the low wheat production quotas being imposed by the WA government.
Nobody beats the taxman!
"Show respect to all people and grovel to none. When you arise in the morning, give thanks for the food and for the joy of living. If you see no reason for giving thanks, the fault lies only in yourself." - Tecumseh (March 1768 – October 5, 1813) Shawnee Chief
Posted: Oct 21 2017, 08:27 AM
Member No.: 1
Joined: 20-July 11
Rep: 47 pts
They should have tried the ole "No taxation without representation" defence;
Living In An Elected Dictatorship
Flin's opinions and comments reflect his perception of the facts and not necessarily reality
Posted: Oct 21 2017, 01:37 PM
Group: Active Member
Member No.: 48
Joined: 15-February 12
Rep: 17 pts
He has representation. Whether it is any good is entirely another matter.
Life is neither a race to the end, nor a slow ramble whose sole aim is longevity
Do not regret growing older. It is a privilege denied to many.
Posted: Oct 21 2017, 05:12 PM
Group: Active Member
Member No.: 53
Joined: 13-March 12
Rep: 9 pts
Probably triggered by Prince Len abdicating in favour of Prince Graeme, they don't want a dynasty being established. It will be interesting to see if the son can do as well as the father did. A very " aussie battler" way of telling the govt to get ........... lost. I think they even had to introduce some sort of legislation to stop other people trying it. Gotta give him full marks for initiative.