brad vincent
Written by
Brad Vincent
Senior Client Advisor
brad vincent
Brad Vincent
Senior Client Advisor
Brad has been providing advice to directors of companies in financial distress for 10 years. Brad will probably be your initial contact at Dissolve and you will see he has the ability to quickly grasp the situation you face and can quickly point you in the right direction. After 10 years of being an advisor, Brad has developed an excellent understanding of the legal and practical issues facing a director of an insolvent company – it is rare for a director to throw a new situation at Brad. You will find him understanding and sympathetic, but above all practical. Brad will provide the cool head in a stressful situation. Read more
cliff sanderson
fact-checked by
Cliff Sanderson
Dissolve CEO, REGISTERED LIQUIDATOR
brad vincent
Cliff Sanderson
Dissolve CEO,
REGISTERED LIQUIDATOR
Cliff is a corporate restructuring specialist with over 30 years of experience in Australia and internationally. He is the founder and Chief Executive Officer of Dissolve. In the last 10 years, he has been appointed liquidator of over 700 companies. He was a Partner of Ernst & Young for 10 years. His experience ranges from formal appointments in Liquidations and Voluntary Administrations to the sale of business, due diligence and valuations. Cliff has been the lead adviser in some of the largest restructurings in the Asia Pacific region. Read more

ATO Disclosing Debt to Credit Reporting Agencies

Since February 2020, the ATO have had the power to disclose the details of business taxpayers with overdue debt to credit reporting agencies. This could have a major effect on a businesses cash flow once trade creditors become aware.

Who Can They Report?

The ATO can disclose to Credit Reporting Agencies the details of taxpayers that meet all of these criteria:

  • they have an ABN
  • they have tax debts of greater than $100,000, which are over 90 days overdue; and
  • they have failed to actively engage with the ATO regarding the repayment of this debt.

The ATO only report on the entity holding the ABN. So in the case of a registered company, it’s just the company, not the company’s directors.

What Does That Mean?

The ATO can include the following types of debt in the $100,000 threshold:

  • income tax debts
  • activity statement debts, for example, GST, Pay as You Go Withholding (PAYGW)
  • superannuation debts
  • fringe benefits tax debts, and
  • penalties and interest charges.

The ATO considers a taxpayer to have ‘effectively engaged’ with it when they:

  • have a payment plan in place and are meeting the terms of the payment plan
  • have an active objection against a taxation decision to which its tax debt relates
  • have an active review with the Administrative Appeals Tribunal (AAT) or to the Court against a decision
  • have an active complaint lodged with the Inspector-General of Taxation about the tax debt that is, or could be, the subject of an investigation.

What is the Disclosure Process?

When the ATO has selected a business that has met the disclosure criteria, an orange-coloured warning letter will be issued, called an “Intent to Disclose” Notice.

The notice will tell you what steps you can take to avoid your tax debt information being reported.

The notice gives you 28 days to take action before Credit Agencies are notified.

If you’ve received an intent to disclose notice, give us a call for free expert advice.

Information Centre