In 2015, the Australian Taxation Office (ATO) pledged tougher tax collection. The tax office estimated $20 billion in tax debts and it was running low on cash. One of the actions proposed by the ATO was lowering the benchmark for legal action to $93,000 from $340,000. Slater Byrne Recoveries warned that ATO’s actions could hamper the debt collection efforts of business owners. This is because businesses will face severe criminal penalties when taxes are left unpaid. The ATO also has the authority to wind up a business if it is unable to pay its taxes. When this happens, businesses pay the ATO before other creditors.
ATO’s tax collection efforts adversely affect the cash flow of businesses. This was why we recommended that business owners should be more aggressive in their debt recovery methods. There is a big chance that businesses targeted by the ATO will also face contracting cash flow as they would try to pay the tax office first. Aside from the unpaid taxes, the ATO will also recoup additional charges for late payments. The ATO can also take the erring taxpayer to court to recover the unpaid taxes as civil debts. Further, the ATO can push the erring company to liquidation. In that scenario, the ATO can take away the assets of the company as payment of taxes and late payment charges. Unpaid taxes will get paid first over unsecured credit when a company is in liquidation. If you are an earthmoving company in Sydney and your contractor owes you $50,000 and owes the ATO $25,000, the ATO will be paid first before you will be paid.
Since the ATO started the crackdown in 2015 there was an increase in the number of small businesses and taxpayers complaining of the tax office’s punitive debt recovery methods. Mistakes by the ATO have crippled small businesses. To address this, the ATO created an improved oversight giving these businesses greater access to compensation. The ATO will take into account the financial capacity of a taxpayer to respond to an audit or compliance order. In more serious cases, the tax commissioner will step in and arbitrate, with an independent review process applied to disputed claims and businesses being given a new right to appeal. The small business ombudsman suggested the ATO should look into the mountain of tax process already burdening small businesses (e.g. GST, income tax, CGT, BAS) and whether there were changes in the economy that had led to the increased debt burden.
It is difficult for a business owner to get to know the entire financial condition of its contractor. To some extent, it is no longer a business owner’s duty to be appraised of the financial soundness of its business partners. It thus comes as a surprise to business partners when contractors are no longer paying on time because they are struggling to pay their taxes or are placed in liquidation by the ATO. It is stressful for companies to be appraised by their contractor’s financial condition and collect on unpaid debts while continuing to conduct good business.
Take the stress out by hiring a debt collection agency. Debt collection professionals will be the one to learn deeper into your client’s finances and appraise you of its status, including whether the client is having a hard time keeping up with tax obligations or is in liquidation as a result of unpaid taxes. Debt collection professionals will also advise you as to the proper action to take to get maximum recovery from non-payment of debts.
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Enforcement measures used for the collection and recovery of tax-related liabilities and other amounts
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