Meet the Restructuring and Recovery Team

Zombies don’t just exist in horror movies, they are real, and amongst us.

‘Zombie companies’ are businesses able to cover most of their running costs, but that fail to generate profit margins, pay off their debts and have no excess or access to capital to invest to spur growth.

According to an Accountants Daily headline, ‘zombie businesses will lead the march to insolvency.’

The writing is on the wall: An excerpt, ATO media release May 2022

“Where taxpayers don’t engage the ATO, there is firmer actions. These include garnishees, recovery of director penalties, disclosure of business tax debts, and legal actions including summons, creditors petition, wind-up and insolvency action.”

Common bankruptcy or insolvency triggers in 2022

The ATO ramping up debt collection

Ongoing inflationary pressures

Interest rate rises, with more predicted to be on the way

EOFY, where financial positions are typically reflected upon by small business owners and corporations.

WHAT ARE MY OPTIONS

We hope you have enjoyed our monthly insights newsletter.

If you have any feedback around topics you’d like us to cover in future editions, please get in touch.

Best regards,

The Restructuring and Recovery team

 

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Financial distress and mental wellbeing

“There is no doubt that being in financial distress is mentally tough, especially if the cause of the financial difficulties stems from very personal life events. It’s not just about the dollars and cents in these cases; it’s about relationships, identity, pride and concerns about what the future looks like for them and the people they love.”

Andrew Bowcher, Partner, based in Wagga Wagga in regional NSW.

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Restructuring & Recovery Partners share their post-federal election insights and predictions.


“The time is now - SME's will need to readjust to a non-stimulus world. They are also navigating ongoing supply chain issues, tightening of bank refinancing and ATO Tax liability recovery actions - focusing first on Director Penalties.”

Greg Dudley | National Head of Restructuring and Recovery, Perth


“There will be a period of transition following the election result. It’s one less concern for businesses to worry about. The rate of insolvency will continue to rise at a lower rate as the ATO will engage with businesses to see how their debt will be paid. Businesses are still dealing with interest rate concerns, supply and labour shortages.”

Frank Lo Pilato | Managing Partner, Canberra


“I expect we will just see a ‘business as usual policy’ from the Government and the ATO for the next 12 months and there won’t be any policy changes that will significantly impact the rising trajectory of the costs of living or interest rates. I also expect the ATO will continue the ramp up of recovery actions against delinquent taxpayers, however the banking sector will remain low-key in their recovery processes with a preference to working matters out directly with delinquent clients.”

Mitch Herrett | Partner, Brisbane


“The new government will quickly have to face significant budget pressures. The $50B+ that is owed to the ATO is an obvious means to help balance the books. It remains to be seen, the vigor that will be applied to recovery actions, however there will certainly be an impact on SME businesses that have been allowed to fall into arrears over the past two years.”

Richard Stone | Partner, Sydney


“SMEs will face rising costs and interest rate rises that will erode profit. The Federal Government will also need to manage and reduce the national deficit. Ways to do this include tax increases and the ATO taking a more active approach to debt collection policy and process.”

Andrew Bowcher | Partner, Wagga Wagga


CASE STUDY: IPROSPERITY GROUP

Luxury waterview properties, $3,000 bottles of wine, a collection of sports cars, and casino high-rolling Michael Gu, appeared to have it all until his iProsperity Group collapsed in 2020, and his whereabouts became unknown.

Find out more about RSM Restructuring and Recovery team’s role in this high-profile insolvency case.