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.

The Corporations Act 2001 plays a crucial role in regulating business activity in Australia. One of its key functions is to prevent fraudulent or unfair business practices …

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).

This is the sixth article in a series of articles aimed at informing directors of their duties and options for small to medium enterprises if faced with insolvency or financial distress. We now look at one of the more controversial mechanisms to restructure a business, being what is commonly referred to as a pre-pack transaction.