Your business can be seriously affected when you are deported from Australia can i return? Your absence might be the reason for various legal and operational challenges in your organisation. It might have to face penalties or shut down completely without effectively planning beforehand.
Immigration lawyers Perth WA can be of great help during this period for protecting your business interests before being removed from Australia. Given below are the major aspects that might be affected when you are being deported:
When you are deported, you officially lose the right to legally stay and operate within Australia. Your business is impacted in the following way:
Read More – Deportation Mistakes
In the case of sole traders, your business is legally attached to you. You will no longer be able to meet the requirements for an Australian Business Number (ABN), which will automatically lead to the cancellation of the Australian Business Register (ABR).
The Corporations Act 2001 requires at least one director to reside in Australia, especially for proprietary companies. If you are the sole local director, you must appoint a resident who will replace you.
Access to banking in Australia might also be impacted when you are deported. Here are the reasons why you will no longer be able to access your bank account:
However, when you are suddenly removed, transferring the control of funds might become a difficult affair.
Here are a few ways through which you can still maintain access:
Without somebody to look after your bank accounts, preparing and lodging financial statements might become highly challenging.
The Australian Taxation Office (ATO) requires all business owners to fulfil their ongoing tax duties, even when they leave the country. Here are some responsibilities that you need to take care of while being deported:
When you lodge BAS, the legal obligation of reporting and paying taxes like GST and PAYG is fulfilled. You must lodge all pending BAS before you get deported, or you might face action from the ATO. Failing to comply might result in penalties or legal complications in the future.
Read this – Deportation Defenses
PAYG needs to be fulfilled while you are hiring staff. As an employer, you need to ensure that all tax amounts have been correctly reported and paid to the ATO. There might be audit investigations or major fines, especially when taxes are withheld knowingly.
Employers are required to pay superannuation contributions for their eligible employees. Ensuring this before you get deported protects your employees and the business adheres to Australian super laws. Any kind of delays or failures in the payment could cause damage to the business’s reputation, bringing down the chances of employing staff further.
In case you fail to meet your tax responsibilities, the ATO might impose:
If there are any existing or future commercial disputes in your business, do not get resolved after you are deported from Australia. Legal proceedings can take place without your physical presence, and not responding might result in serious consequences. Given below are some of the most common types of commercial disputes:
When you fail to respond to a claim made against you or your business for a longer period of time, the court can issue a default judgment. This means that the plaintiff might automatically win the case, leading to seizure of assets.
You can appear in court proceedings while being in a different location through:
You should learn to effectively manage legal matters, or there might be a loss of assets and damage to business reputation.
Getting deported from Australia can result in serious challenges for your business, especially for the aspects mentioned above. Courts and other authorities continue to impose responsibilities on your business, even when you have left the country. Protecting your business and minimising risk requires you to have a local representative who will look after these issues.
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