New warning notices from ATO for businesses with $100k+ tax debt

Restructuring Insights

Under laws introduced in 2019, the ATO is now issuing warning notices to businesses with tax debts over $100,000 that are now 90 days or more overdue.  

Business owners have 28 days to engage with the ATO to discuss a payment arrangement or face having the debt disclosed to credit agencies. Calculator

While it may seem like a harsh measure given current circumstances, the warning notices could be viewed as a preliminary step to what was previously a swifter move to enforcement action. 

It’s a timely reminder for struggling business owners who may have favoured staying quiet about overdue tax debt during the ATO’s past 18 months of reprieve. However, and especially for businesses that were already accruing tax debt before COVID, now is the time to make important decisions about whether the business can remain profitable moving forward or needs to undertake a formal or informal restructure. 

Planning ahead for business survival during COVID has been a key factor for us in helping our clients remain in a strong strategic and financial position during these uncertain times. 

COVID-19 Business support Grants was extended up to $10,000


What to do if you receive a notice from the ATO

Ideally, all business owners who have received a notice from the ATO should start engaging with their financial adviser or accountant to discuss options. While disclosure to a credit reporting agency isn’t an application to wind up the company, it is hard to remove and can impact your ability to secure funds in the future to improve your cashflow and financial position. 

In determining a fair payment arrangement, trust is a key factor for the ATO. If your history demonstrates a willingness to engage and meet prior lodgement dates and payment arrangements, you’re more likely to have a new payment arrangement accepted. 

If you’re unsure if you can sustain any type of payment arrangement, it’s vital to have an honest conversation with your accountant about whether the business is still solvent. Taking early steps to do this often increases your options, and may even protect you from claims of insolvent trading. 

Our advice is to re-establish communication with the ATO and collaborate to find an acceptable way forward. By remaining non-compliant and ignoring their demands, you increase the risk of further enforcement which could culminate in an application to wind up your business. 

At RSM, we have worked extensively with struggling businesses throughout COVID to help them make practical and strategic decisions to navigate these tough times. 

We offer honest advice on the best way to address financial challenges and can act as a circuit breaker between you and the ATO during negotiations. As an independent third party with a trusted reputation, we can help you develop a reasonable proposal while putting forward a request for the remission of penalties and interest which could reduce your core debt owed to the ATO. 

To find out how we can help you manage outstanding tax debt and determine all available options for your business moving forward, contact your local RSM office
 


For further information

If you require further information about the COVID-19 lockdown and grants available, please contact your local RSM adviser to find out more in relation to these measures.

Authors

Frank Lo Pilato
Managing Partner - Canberra
Jonathon Colbran
Partner - Canberra & Melbourne
Adam Cormack

Adam Cormack
Senior Manager

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