Media release
15 May 2024
More and more Aussie businesses being driven to business rescue solutions
to stave off ‘tax-debt insolvency’
An increasing number of Australian businesses are being driven to business rescue programs – like Small Business Restructuring and Voluntary Administration – to save their businesses as the ATO tightens the screws on tax debt. And with insolvencies still hovering well above pre-COVID levels, business owners are being urged to overcome their fear and shame to give their business the best chance of survival. The time to act is now, says insolvency and business turnaround specialist Jirsch Sutherland.
“Since the start of the (calendar) year we have experienced a noticeable uptick in Small Business Restructuring (SBR) plans and Voluntary Administrations (VAs) to resuscitate or restructure businesses across a wide range of industries. Tax debt is the primary reason but higher operating costs are also pushing businesses to or over the edge,” says Andrew Spring, Partner, Jirsch Sutherland. “It’s obvious that out of necessity, an increasing number of businesses are discovering the benefits of Australia’s business rescue solutions. We have some of the most advantageous legislation in the world: it’s both quick and commercially focused, but it shouldn’t be a last-minute or enforced decision.”
Says Patrick Schweizer, author of Alares Monthly Credit Risk Insights, “As the ATO continues to work through the record amount of outstanding tax debt, it’s increasingly driving small businesses into SBRs and larger businesses into Voluntary Administrations. And our April report shows that insolvencies remained 50% above pre-pandemic levels, reinforcing the long anticipated catch up in insolvencies from the pandemic lows.”
According to the Alares report, SBRs accounted for more than 14% of all insolvency appointments in April, while VAs accounted for almost 14%. Court liquidations were over 19%, as the ATO remained active in direct Court recoveries and the big four banks were “vigilant”, stated the report. “Non-ATO initiated winding up applications were slightly down compared to March, which again points to the ATO currently being the key driver for insolvencies,” says Schweizer.
Adds Spring, “The creditor community is becoming less tolerant to operational behaviours that may have contributed to a business’s financial distress, and the ATO is again at the forefront of this changing creditor position. It’s placing an even higher level of scrutiny on historical compliance when considering a proposal for restructuring. Anecdotally we’re hearing this is also the case with pre-insolvency discussions regarding ATO payment plans.
“As an involuntary creditor, the ATO doesn’t have the option to withdraw credit from a business – nor does it automatically know they’re even in a trading relationship until the liability is self-reported. As such, a high importance on reporting compliance is required to allow an effective and efficient tax system. During the last few ‘pandemic years’ the ATO appeared to move away from this position, and for those that have become delinquent with their lodgement activity, the hammer is about to drop. If a business has fallen behind with their statutory compliance, it’s crucial to act now.”
Insolvency regime benefits
Spring says having a strong business rescue framework (such as the SBR and VA regimes) provides an opportunity for those businesses that have encountered some form of extraordinary distress – like bad debts, weather events or pandemic influences – to not be forced to close, which therefore preserves greater value for creditors and stakeholders. “A robust insolvency framework has many advantages, including recycling underperforming resources such as labour and equipment assets, into viable business ventures. It also provides a balance between the debtor and creditor relationship, as well as giving confidence to markets that anti-competitive behaviours by unscrupulous players in the market will be investigated and held accountable,” he says.
Types of business insolvencies to April:
|
2024 |
Jan |
Feb |
Mar |
Apr |
|
Court Liquidations |
15.3% |
21.8% |
17.7% |
19.1% |
|
CVL |
62.3% |
52.9% |
48.8% |
52.9% |
|
SBR |
9.0% |
10.9% |
16.9% |
14.3% |
|
VA |
13.4% |
14.4% |
16.5% |
13.7% |
|
100.0% |
100.0% |
100.0% |
100.0% |
Source: Alares
-ends-
About us:
About Jirsch Sutherland – jirschsutherland.com.au
Established in 1984, Jirsch Sutherland is one of Australia’s leading national independent insolvency specialists, and is the country’s leading voluntary insolvency firm. The Jirsch Sutherland team works closely with small and mid-size accounting, finance and legal firms – and their clients – to provide a wide range of expert corporate and personal insolvency services including liquidations, voluntary administrations, receiverships and bankruptcy.
With head offices in Sydney, Melbourne, Brisbane, Newcastle and Perth, supported by a network of regional offices, Jirsch Sutherland’s national reach combined with a local presence underpins the company’s ongoing success. For over three decades, Jirsch Sutherland has earned a well-deserved reputation for protecting and guiding clients through the insolvency process in a fair and ethical way.
In Western Australia, Jirsch Sutherland trades as WA Insolvency Solutions (WAIS).
Contact details:
Lisa Llewellyn
Llewellyn Communications
0419 401 362
Belinda Hill
0438 206 609
belinda@llewcom.com.au
