Benedict and Alexander De St Amatus face court for alleged tax fraud

Two high-profile businessmen have been accused of making false claims to the Australian Taxation Office for financial gain through a company that has since been deregistered.

Two high-profile businessmen have been accused of making false claims to the Australian Taxation Office for financial gain through a company that has since been deregistered.

A father and son duo are set to face the District Court after they were charged with committing tax fraud by way of false claims triggering six-figure payments from the tax office.

Benedict De St Amatus, 61, and Alexander De St Amatus, 36, appeared in Maroochydore Magistrates Court on November 10, 2022.

Court documents state Benedict De St Amatus, who lives at Forest Glen, allegedly made false claims in the business activity statements and income tax return for the company 21 Century Products Pty Ltd for 2015 and 2016.

Australian Securities and Investments Commission documents revealed 21 Century Products had since been deregistered and liquidators had been appointed by court order back in 2018.

Dr De St. Amatus is the founder of the Australian Institute of High Energetic Materials and is also a founding member of United Scientists Association of Technology Inc.

The first alleged offence arose from an annual Business Activity Statement submitted by the 61-year-old on July 10 2015 which claimed a total sales of $13,467 and non-capital purchases of $1,170,470, resulting in a refund of $79,853.

The statement included an amount for an invoice in the sum of $827,120 from Dr De St Amatus’s son under a contract between the pair, which the Crown alleges was false.

“Under the contract, the fees were payable in the form of stock in 21 Century Products, namely 4,135,600 ordinary shares with a price of $0.20 per share,” court documents state.

“The Crown case is that the stock price was artificial and the stock was effectively worthless.”

Benedict De St Amatus leaves Maroochydore courthouse.

The next set of alleged offending involves the 2015 income tax return for 21 Century Products that was lodged via BDO by Dr De St Amatus.

The return included a claim expenditure of $1,002,452 said to be for the development of a “ScienSmart App” by Dr De St Amatus’s son.

A research and development tax offset claim of $451,203 was included and in January 2016 an amount of $451,377 was paid by the Australian Taxation Office to Dr De St Amatus’s company.

The Crown will allege that the research and development services were never provided.

Court documents state the third charge alleges that on July 12, 2016, Dr De St Amatus lodged the June 2016 business activity statement for 21 Century Products that included an amount of $5,746,186 for non-capital purchases.

“This would have triggered a refund to 21 Century Products in the amount of $522,657, but the claim was reviewed by the ATO and the refund was not paid,” the documents state.

During the course of the review, Dr De St Amatus tried to amend the statement to reduce the non-capital purchases said to be for a “SILEV” project from $5,746,186 to $331,372.88.

Alexander De St Amatus leaves Maroochydore court house.

Dr De St Amatus provided the tax office with records to prove the claimed expenditure, but the Crown allege the records do not achieve the 61-year-old’s desired outcome.

The father and son each face two counts of obtaining financial advantage by deception and one count of attempting to obtain financial advantage by deception.

Court documents state the son Mr De St Amatus resided at Docklands in Victoria, but lived at Bli Bli at the time and was born in Russia.

Mr De St Amatus is the chief executive of the USAT Inc organisation founded by his father and a board member of numerous other firms.

He has been charged with aiding, abetting, counselling or procuring the commission of an offence by his father.

Magistrate Rod Madsen committed both defendants for trial in the District Court on a date to be decided.