With Payday Super now in effect and the first FY27 superannuation payment deadlines having passed, that uncertainty remains. While the ATO has introduced the Voluntary Disclosure Statement process for reporting unpaid superannuation obligations, it has not yet clarified what constitutes timely reporting for the purpose of determining whether a DPN is capable of remittance or becomes a lockdown DPN.

Division 7A issues commonly arise in private groups, particularly where trusts and related party loans are involved. Most accountants understand the framework, but the detailed rules are prescriptive and easy to misapply. In insolvency appointments, these issues often surface during reconstruction of historical transactions and can create significant deemed dividend exposure if not addressed early.

This case study outlines how coordinated management and targeted engagement with the ATO resolved long standing Division 7A breaches and avoided a substantial personal tax exposure for shareholders.

Other than temporary fuel tax relief, the Commonwealth Government has announced two relief packages for Australian businesses grappling with the impacts of the Persian Gulf Oil Crisis:

1. ATO Fuel Response Payment Plan; and

2. 2 Year Interest Loans under the Economic Resilience Program.

A voidable transaction is a transfer of property or assets owned by the debtor to a third party that causes detriment to creditors. By voiding these transactions, a Trustee can recover assets that would otherwise have been available to creditors …

WCT Advisory is a specialist financial advisory firm primarily concentrating on advising company directors and business owners when facing financial distress, as well as undertaking formal insolvency appointments …

This is the eighth in our series of articles at informing directors of their duties and options for small to medium enterprises if faced with insolvency. This particular article will deal with liquidations and the role of a liquidator.

A liquidator can be appointed by either a creditor (through a Court application) or voluntarily by members of the company. A liquidation can be either solvent (i.e. all liabilities are paid and there is a surplus for shareholders) or insolvent (i.e. when there are insufficient assets to pay all liabilities).

Article published in the Courier Mail Thursday, 15th September 2022.