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Dear Luis

 

Thank you for your request under the Official Information Act.  

 

We will respond within the 20-day statutory timeframe.  You can expect to
receive a response no later than 23/11/2023.

 

Your reference number is 24OIA1416.   

 

Kind regards  
Governance and Ministerial Services | Inland Revenue - Te Tari Taake

 

 

 

From: Luis Martins <[FYI request #24535 email]>
Sent: Thursday, October 26, 2023 3:54 PM
To: oia <[IRD request email]>
Subject: 24OIA1416 Martins Request

 

External Email CAUTION: Please take CARE when opening any links or
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Dear Inland Revenue Department,

I had a property maintenance company in Queenstown. After the Christchurch
earthquakes, NZ government asked for all trades to help rebuilding the
city. I did that! I was a painter. I must state that at that point I was
updated with my personal, my wife and my company taxes, absolutely zero
debt!Things didn't work the way it should ending up not getting paid for
jobs finished, but I paid all staff, suppliers and everything else. I also
needed to support my family. I didn't ask any money for NZ government! The
business though generated taxes to pay. I called IRD explaining the
situation. IRD replied instructing me to pay what I could towards my debt,
and this is what I did.

After 3 years I decided to move back to Queenstown to restart again. Iit
didn't take long for me to get busy and start generating a good income.
One day IRD recovery team called me with no much undertaking, wanting the
taxes paid immediately. Unfortunately I had an accident and needed 3
months to recover and get back to work. A lack of care made me re injured
again and needed another 3 months at least, possibly longer time for
rehabilitation.

I called the IRD recovery team to explain the situation. IRD recovery team
put my taxes on hold. After 6 months ACC stopped my entitlements even
though I had medical certificate stating that I was not recovered and
unable to work. I contacted IRD recovery team again to explain the
situation. IRD recovery team decided to write off my debt due of my health
condition. That was a very nice attitude from IRD.

One week later I received a call from IRD recovery team, informing that
IRD had contacted ACC who informed IRD was that I was fully recovered and
able to work full time. IRD informed me that they would liquidate my
company, and IRD did. They would bankrupt me and my wife imposing a
condition that IRD would repossess our house if we didn't sell it
immediately. And so I sold our house( mortgage) $300k less than the market
price. IRD recovery team stated that I should have paid IRD First, not
staff or suppliers, IRD recovery team stated that IRD is always first!

I lost my company and assets, I lost a place to accommodate my wife and 2
children, I lost my pride, I was humiliated by IRD and ACC, I didn't
receive health assistance from my GP Doctor in Queenstown, and I ended up
failing to commit a suicide. Killing myself was the only way out. I had a
premium of Life cover $500k, enough to my wife to pay IRD debt( $35k)and
keep the house and some money to continue raising our children.

My question for IRD is:

Would IRD acted the same way with the big companies?

Would IRD say to a big company that IRD always comes first and leave
staff, suppliers without payment?

Would IRD inforce to shareholders from big companies to sell their assets
to pay their taxes or IRD would repossess it?

Can IRD provide me where in NZ legislation it says that IRD can come and
destroy a family which the main breaker is injury and unable to work and
generate income for his family?

Can IRD provide me a financial report from big companies in NZ who are
always updated with taxes?

At the time of this happened I was a NZ resident, not a NZ citizen, was I
treated by IRD recovery team with discrimination for not being a NZ
citizen?

Would IRD act the same to a NZ born citizen?

Does ord want me to publish all documents to show the public that what 
saying is the truth?

Yours faithfully,

Luis Martins

 

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Dear Mr Martins

 

Please find attached a response from Mr Tony Donoghue, Team Lead,
Ministerial and Escalated Complaints.

 

Kind regards

 

Nicola Hutcheon

This email and any attachment may contain confidential information. If you
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