Debt Negotiation Services for Small Businesses in Australia

Need help with small business debt or tax debt? Wisdom Business Consultants can help you recover and regain control of your finances. Contact us today!

Most businesses will experience tax debt or periods of financial hardship in their lives. Left unaddressed, this can quickly spiral out of control, causing immense pressure and stress on small business owners. Fortunately, there are options available to recover from even extreme financial difficulty, preventing insolvency and liquidation.

Debt negotiation is an effective strategy to reduce the principal debt, interest rates, fees and penalty charges. Collectively, these savings can enable your business to clear the debt at a manageable pace. Additionally, debt negotiation can include the establishment of a payment plan with the Australian Tax Office (ATO). Combined, these techniques can allow small businesses to clear debt at a pace they can manage and afford.

Implementing the right strategy is critical to breaking the debt cycle and making a full recovery. Every business’s circumstances are different, and so tax debt planning and management always requires a unique approach and tailored solutions.

We Can Help!

At Wisdom Business Consultants, we understand that behind each Australian business is unique and backed by a family. We pride ourselves on our ability to help over 80% of our customers save their business and home. Our experience in business consultancy, debt negotiation and tax planning makes us unrivalled in the industry. We understand the complexities of the tax system and the myriad of options available to settle your debt.

To get in touch with our friendly team and stop worrying about your tax debt, contact us today by phoning 1300 277 148 or emailing help@wisdombc.com.au.

Get Your Free Debt Assessment

At we offer, we offer a free, no-obligation consultation. In this time, we can discuss your financial challenges and offer initial advice. This will ensure you can be confident that we are the best fit to help you navigate your business debt.

Get Your Free Debt Assessment

It costs nothing to have a chat! If you are struggling with tax debt, contact us to book your free consultation today by visiting our website.

The Australian Taxation Office

The ATO is the department of the Australian Government primarily responsible for revenue collection. The ATO administration oversees and manages tax and superannuation systems. These systems are designed to collect revenue on behalf of Australian states and territories to be contributed to the Nation’s economic and social wellbeing.

The ATO operates under the Public Governance, Performance and Accountability Act 2013 and are liable under the Public Service Act 1999.

What Is Business Debt?

Business debt, otherwise referred to as non-consumer debt, is money owed by your business to another. Examples of business debts include payroll, tax or activity statements debt, utility expenses or business loans. For businesses struggling with financial hardship, their inability to pay may be exacerbated by slow or non-paying customers, a lack of profitability, poor cash flow or other extenuating circumstances.

BUSINESS TAX DEBT

Taxes are one of the most substantial costs for small and medium-sized enterprises (SMEs) in Australia. SMEs comprise a staggering two-thirds of the nation’s economy, making them responsible for a massive proportion of the annual $500 billion the Australian Tax Office (ATO) collects through tax and superannuation systems alone. With the numerous natural disasters and events in recent years, it’s no surprise that financial hardship has become a prevalent issue.

ATO Tax Debt Recovery Action

Mounding debts is a trend that was strongly reflected in the ATO’s 2021-22 tax gap report. Between 30 June 2019 to 30 June 2022, the ATO recorded an outstanding 69% increase in the amount of collectable debt, up from $26.5 billion to $44.8 billion. As a result, the ATO strengthened their collection program by increasing awareness and advising clients of the firmer recovery methods they may be subject to if they do not engage. These recovery methods primarily include director penalty notices (DPN), garnishee notices, insolvency action and the ATO’s new power to disclose business tax debts to credit reporting bureaus. Consequently, approximately 52,000 company directors received a caution letter in March 2022.

The result was largely successful, with the ATO recovering an impressive $2.21 billion outright and another $2.16 billion to be recovered across 13,000 payment plans. For those who chose not to communicate with the ATO regarding their tax debt, the ATO escalated their enforcement action in the way of issuing 2,800 director penalty notices.

ATO Tax Debt Recovery Action

How To Avoid ATO Recovery Action

Fortunately, there are effective methods available to avoid debt collectors and ATO enforcement action altogether. By negotiating your tax debt, you can potentially reduce your principal amount owing as well as any associated fees, interest and penalties. Additionally, through negotiation you can also secure a payment plan, making it easier to afford and manage your repayments and retain much-needed cash flow. By simply communicating with the ATO, you can prevent serious recovery action being taken against you, ultimately saving your business and your home.

CONTACT TAX NEGOTIATORS

At Wisdom, over 80% of our clients in severe financial hardship save their home and business. We are the industry experts in tax debt negotiation, business planning and management. We understand the intricate, ever-changing details of tax law and the ATO system. Our friendly team can communicate with the ATO directly on your behalf, making the recovery process effortless and stress-free. We can negotiate your debt and work with you to more effectively manage your future tax obligations.

If you are struggling with tax debt, contact our friendly team today for expert advice by phoning 1300 277 148 or emailing help@wisdombc.com.au.

Financial Hardship Programs

Credit providers often have hardship programs available for small businesses experiencing extreme financial difficulty. By contacting your creditors and explaining your situation, you can discuss options available for a payment plan, payment extensions and a freeze or reduction on late payment penalties and interest.

The ATO may also be more lenient with your tax debt if you are experiencing extenuating circumstances. In some cases, our clients may even be released from their debt entirely. If you have experienced illness, a relationship breakdown, unemployment or other mitigating conditions, contact our team today for advice and to discuss your options.

Financial Hardship Programs

TAX NEGOTIATORS CAN HELP!

If you are struggling with mounding tax debts, you can contact us to book your free consultation through our website, by phoning 1300 277 148 or sending an email to help@wisdombc.com.au.

The National Debt Helpline

If you owe money to the ATO for a tax debt and are struggling to make repayments, the National Debt Helpline has free financial counsellors available to offer quick and discrete advice. Recommendations for initial steps to manage tax debt are available on their website and include:

  1. CALCULATING REPAYMENTS YOU CAN AFFORD

    By analysing your income against your expenses, you can work out what your business can afford to pay. This is an important first step as it make negotiating a payment plan with your creditor far simpler.

  2. ENGAGE WITH THE ATO AS SOON AS POSSIBLE

    The Australian Taxation Office understands that most businesses experience financial stress at some point in their lives. They have trained staff and support programs dedicated to assisting those struggling to make payments by their due date. The sooner you make contact, the easier it will be to get on top of your debt.

    The support options the ATO is able to offer differs for individuals and businesses. However, it may include extended payment options, such as a payment plan, a pause or reduction in fines and interest or a reduction of the principal debt. In outstanding circumstances and severe financial hardship, the ATO may even be able to release some or all of the tax debt.

  3. YOUR RIGHT TO DISPUTE YOUR DEBT

    If you are unable to secure a feasible arrangement, or you have another complaint with the Australian taxation office in relation to your debt, you have the right to lodge a dispute. Dispute assessments are undertaken by the taxation ombudsman. This is a free service dedicated to dispute resolution and facilitating acceptable payment plans/arrangements.

    The taxation ombudsman’s dispute resolution services may include:
    – Assessing debt collection conduct and the ATO’s recovery actions
    – Assisting debtors to seek an extension of time to pay
    – Reviewing tax return systems and processing times
    – Providing options to manage debt and the available agencies that may be able to assist

  4. SPEAK TO A NATIONAL DEBT HELPLINE FREE FINANCIAL COUNSELLOR

    Navigating debt, interest, fees and penalties can quickly become overwhelming. When tax debt is taking over and threatening your business and home, it can be difficult to think clearly.

    The free financial counsellors at the National Debt Helpline are highly trained, compassionate and experienced. They can provide objective advice and assistance to help manage your finances, offer strategies to afford repayments and deal with your tax debt.

    To seek free advice from one of their financial counsellors, phone 1800 007 007.

Small Business Taxation Obligations

The taxes for which your business is liable for in Australia is dependant on its legal structure, number of employees and annual turnover. Every business, however, requires a Tax File Number (TFN) and some will require additional tax registrations depending on the type of business.

Business Structures

Business legal structures are the main factor in determining tax liabilities. Below we have outlined the four main business structures in Australia and their key obligations:

SOLE TRADER

A sole trader is a business run by an individual. This structure is easy to set up and highly cost effective. A sole trader is entirely responsible for their business’s losses, debts and legal responsibilities.

Sole traders are permitted to hire employees, for whom they must pay superannuation. Personal super contributions are optional for a sole trader.

Main Tax Obligations

Sole traders are required to:

  • register for and use their TFN on income tax returns
  • report all assessable income and business expenses
  • use their Australian Business Number (ABN) if they have chosen or are required to register for one
  • register for the Goods and Services Tax (GST) if they:
    – have an annual GST turnover of $75,000 or more
    – provide taxi or other ride-sourcing services (regardless of their annual income)
    – intend to claim fuel credits
  • submit BAS reports if they meet eligibility requirements
  • make tax payments based on all assessable income
  • make Pay As You Go (PAYG) instalments if required

PARTNERSHIP

A partnership is a group of two to twenty people running a business. In a partnership, income and losses are shared between the general partners. Like sole traders, a partnership can hire employees, however the owners are can not be considered employees.

Main Tax Obligations

Partnerships are required to:

  • register for a tax file number
  • lodge an annual partnership report, outlining income, deductions and losses and how these were distributed
  • register for an use an ABN
  • register for GST if they:
    – have an annual GST turnover of $75,000 or more
    – provide taxi or other ride-sourcing services (regardless of their annual income)
    – intend to claim fuel credits
  • submit BAS reports if they meet eligibility requirements

Partnerships as a business do not pay taxes. Instead, taxes are paid by the individual owners through their personal income tax return, outlining their share of the business’s income or losses.

COMPANY

A company is a seperate legal entity from both its shareholders and managing directors. A company has its own tax and superannuation obligations, creating limited liability for its directors. Additionally, company assets and income are owned by the company, not its shareholders, however profits can be distributed via dividends that may have attached franking credits.

Main Tax Obligations

Companies:

  • must pay applicable taxes and superannuation contributions
  • must hold a TFN
  • may apply for an ABN if registered under the Corporations Act 2001
  • are required to register for GST if they:
    – have an annual GST turnover of $75,000 or more
    – provide taxi or other ride-sourcing services (regardless of their annual income)
    – intend to claim fuel credits
  • must submit BAS reports if they meet eligibility requirements
  • is required to lodge a company income tax return annually

TRUST

Trusts are a business structure whereby a grantor imposes an obligation on the trustee to manage and control assets for the beneficiaries. Trusts can be formed by an individual or business for financial planning, asset protection, investing and estate planning.

Main Tax Obligations

Trusts:

  • must have an ABN and use it for all business activities
  • must have a TFN
  • must lodge a tax return annually
  • are required to register for GST if they:
    – have an annual GST turnover of $75,000 or more (or $150,000 for not-for-profit organisations)
    – provide taxi or other ride-sourcing services (regardless of their annual income)
    – intend to claim fuel credits
  • may be required to lodge annual BAS
  • may be liable for superannuation payments

Tax Time

Managing your tax affairs and payments can be a daunting task. When it comes to tax time, a business’s obligations can change on an annual basis. Therefore, it’s essential to keep up-to-date with legislative changes to avoid penalties and enforcement actions by the Australian taxation office.

Tax Time

Managing your tax affairs and payments can be a daunting task. When it comes to tax time, a business’s obligations can change on an annual basis. Therefore, it’s essential to keep up-to-date with legislative changes to avoid penalties and enforcement actions by the Australian taxation office.

Tax Help

To ensure your business’s tax obligations are fulfilled correctly, contact our friendly team for advice today by phoning 1300 277 148 or emailing help@wisdombc.com.au

How To Avoid Tax Debt

When it comes to tax debt, prevention is always better than a cure. Carefully managing income and expenses can allow you business to be better prepared for end of financial year expenses.

By implementing tax management strategies, such as setting aside funds throughout the financial year, your business can allow for its tax liabilities while maintaining cash flow. This helps to avoid large, unexpected, lump-sum payments and the accumulation of tax debt.

At Wisdom, we can help your business form a budget and financial plan, ensuring your tax obligations are fulfilled. This prevents you from being subject to non-payment recovery action, debt collectors and ATO penalties.

What Is Debt Negotiation?

Debt negotiation is the process by which a debtor communicates with their creditor to settle an outstanding debt on mutually beneficial terms. Generally, creditors are happy to assist during periods of financial stress as ultimately, it is in their best interest to be paid.

REQUESTING A DEBT REDUCTION

In certain circumstances, creditors may be willing to reduce the principal debt if it can be settled as a lump-sum payment. This is often an acceptable deal for credit providers as it ensures the debt is paid quickly and provides a positive cash flow injection into their business.

NEGOTIATE LOWER INTEREST RATES, FEES AND PENALTIES

Requesting a reduction or release from interest rates, fees and penalties is another effective way to negotiate a debt. This is a more appropriate method for larger debts, for example a home loan with a bank or an ATO tax debt, where the total debt cannot be paid as a lump sum. With this method, the cost of repayments is significantly reduced, saving the business a significant amount of money over the life of the debt. This allows businesses to attain better cash flow and continue to grow their business whilst fulfilling all their legal obligations.

PAYMENT PLANS

A payment plan is an agreement between a debtor and creditor to pay off a debt in instalments over a set period of time.

Payment plans may include extended payment terms and lower interest rates, enabling businesses to pay off their debt in a way they can manage and afford. For debtors to secure a feasible plan to pay their debt, it’s essential to first form a budget. This ensures they can adhere to their agreed repayments by their due date.

Wisdom Can Help!

If you owe money to your creditors and repeatedly fail to make repayments by their due date, it may be time to negotiate your debt.

At Wisdom, our friendly team are industry leading business consultants and debt negotiators. We can negotiate debt on your behalf and work with you in an ongoing capacity to ensure you are effectively managing your tax debts and financial obligations. With our professional advice and assistance, we make the entire process of managing debt stress-free.

With a combined experience of over 50 years, we have mastered our negotiation strategies with the ATO and other creditors. We can effectively negotiate reduced interest rates, fees and debts, saving you money and enabling you to pay at a pace your business can afford.

To let us negotiate your debt or to seek expert advice, contact us today by phoning 1300 277 148 or emailing help@wisdombc.com.au.

Unpaid Small Business Tax? Call in Wisdom’s Consultants

Like other creditors, the ATO allows small businesses to negotiate their tax debt. They understand that during severe financial stress, a business may not be able to pay all of the tax liabilities they owe on time. Certain circumstances that are considered extenuating may include impacts by a natural disaster, relationship breakdown, physical or mental health issues, family tragedy or unemployment.

The ATO may negotiate your tax debt and provide additional support if you cannot provide basic necessities for yourself, your family or a dependant, such as:

  • Food
  • Housing
  • Clothing
  • Education
  • Healthcare

In these circumstances, the ATO may agree to a payment plan, a reduction or freeze on interest rates, fees and penalties. This helps customers to pay the money they owe at a pace they can afford. Additionally, debt negotiation can save their business, their home and avoid serious legal proceedings and debt recovery actions.

How To Negotiate Your Tax Debt

If your business has a tax debt it is struggling to pay, the first step is to contact our friendly team Wisdom for advice. We have a simple, yet highly effective five-step program to help your small business recover from tax debt:

  1. NO-COST CONSULTATION

We can start with a free consultation to discuss your financial circumstances. This helps customers to ensure we are a good fit and answer any initial questions they may have.

  1. FINANCIAL ASSESSMENT

Our expert team will assess your finances and devise a tailored strategy to deal with your debt. We will be upfront, honest and share our professional recommendations which may be:

  • To negotiate your debt adjust payment terms or reduce interest rates, fees and penalties
  • Debt consolidation
  • To negotiate a payment plan with your creditors
  • To dispute your debt
  • Voluntary administration and restructure
  • Company liquidation
  1. PATHWAY TO REVIEW

    You have complete control to decide how you want to proceed with your business. You may choose to implement strategies to start paying of your debt, or walk away cleanly. Regardless of your choice, you will have professional advice and assistance on hand and a compassionate team to support you.

  2. PROVIDING YOU WITH YOUR OPTIONS

    If you’re keen to save your business, we will enact any formal processes required. You can feel confident knowing you have an experienced and dedicated team of debt negotiators backing you. We will help you to regain control of your business finances as soon as possible; avoiding debt collectors, legal action or any threat of escalation to legal proceedings.

  3. WE’LL DO THE REST

    When you seek the professional advice and services of our team at Wisdom, you can focus on what’s important; running your business without any added stress.

    Navigating tax debt and liasing with debt collectors can be time-consuming and confusing, but fortunately, it’s our area of expertise! We can communicate directly with the ATO and other creditors on your behalf to arrange reasonable repayments that you can afford. Backed by years of experience, we are happy to help make paying your business debts easy!

For professional business consultancy services, seek the experts at Wisdom by phoning 1300 277 148 or emailing help@wisdombc.com.au.

Making a Business Budget

Having an understanding of your business’s finances is highly beneficial in the tax debt negotiation process. By establishing a business budget, you can identify the repayments your business can afford. In addition, by collating statements from the ATO and other credit providers, you can more easily identify how much of the debt is paid and how much you have left to pay.

How to Make a Budget:

  1. CALCULATE ENTIRE REVENUE

    ‘Entire revenue’ is the gross income prior to any deductions. Don’t forget to to include all income streams your business may have, for example, earnings from:

  • Sales
  • Interest payments
  • Subscriptions
  • Dividends
  • Rent/lease payments
  1. CALCULATE FIXED COSTS

    Fixed costs are expenses that your business incurs on a regular basis (it may be weekly, monthly or annually). Examples include:

  • Salaries
  • Rent
  • Insurance
  1. ESTIMATE VARIABLE COSTS

    Variable expenses will change in amount and frequency. Analysing past variable expenses allows a business to more accurately estimate future costs. Examples include:

  • Utilities (Electricity, water, gas etc)
  • Casual wages
  • Marketing expenses
  • Commissions
  • Travel expenses
  • Shipping costs
  1. DETERMINE PROFIT & LOSS

    After collating the above data, you will be able to calculate the difference (ie. profit or loss) by subtracting the total expenses from the total income. Breaking it into a monthly calculation will not only simplify the process, but enable you to create a budget that takes into consideration seasonal trends. T

  2. DEFINE WHAT YOUR BUDGET WILL BE

    By analysing whether your business is making a profit or a loss and by how much, you can better plan for the future. If your business is making a profit, you will be able to identify the repayments you can afford to make against your tax debt. If your business experiences losses, you must then look into better managing expenses and increasing profitability.

  3. MONITOR YOUR BUDGET

    In order to adhere to the payment plan or revised payment terms that have been negotiated, it is imperative businesses continue to refer to their budget and assess their financials on a regular basis. Utilising account-keeping software such as Xero or Quickbooks is an excellent way to simplify this process and collate data more efficiently.

Debt Consolidation

Debt consolidation is the process of rolling multiple debts into a single loan/repayment. This financial strategy can both help businesses experiencing financial hardship and accelerate growth for those looking to expand, too.

Debt consolidation can be used for a range of debt types, including:

  • Tax debt
  • Credit card
  • Personal loan
  • Student debt
  • Medical Bills

With a single loan to maintain, repayments are made significantly easier. Debt consolidation removes the stress of navigating varying interest rates and payment terms across multiple creditors. This makes the entire process of settling debt more efficient, faster and simpler. Additionally, it becomes clearer to gauge the business’s financial position in relation to the loan as there is a single end date in sight.

Debt consolidation can also improve your credit score. With simpler repayments, your business is less likely to miss or make late payments. As a result, it is easier to avoid additional fees and penalties that could negatively impact the business’s credit score.

Debt Negotiation Vs Debt Consolidation

Each business and their circumstances are unique, meaning there is no ‘cookie-cutter’ solution when it comes to tax debt. It is for this reason that it is essential to seek the assistance of professional debt negotiators to ensure your business is implementing the right strategies.

Debt consolidation is most effective for those with multiple, unsecured debts. Unsecured debt is that which is not attached to any physical property or personal assets to act as collateral against the loan. This type of debt entails more risk for the lender and, as a result, usually carries a higher interest rate than a secured loan. Therefore, the interest rate on a debt consolidation loan usually ends up being far more cost effective than the combined interest on multiple, high-rate debts. This can equate to significant savings over the life of the loan.

Critically, however, the interest rate of a debt consolidation loan may not be better than that offered by the ATO. It is for this reason it is essential to seek professional advice prior to obtaining a debt consolidation loan. An experienced financial counsellor can run a comparison to identify which path is more cost effective.

At Wisdom, our friendly team can identify the debt management strategy that is most appropriate for your business. We can analyse your financial situation to ascertain the payments your business can afford, and the processes that can be improved to increase savings and profitability. This ensures you are on the fastest, most effective path to debt recovery.

To get started, contact us today on 1300 277 148 for expert business debt negotiators, advice and assistance!

Does Debt Negotiation Really Work?

Debt negotiation is the first choice for many businesses as a debt recovery strategy due to its broad capabilities. Through negotiation, businesses can reduce the principal amount they owe, fees, interest and penalties and prevent legal action by the ATO.

In the two financial years from 2019 to 2022 alone, the ATO recorded that a staggering 13,000 clients negotiated a payment plan. Combined, the payment plans equated to $2.16 billion dollars worth of tax debt. For those 13,000 companies, serious legal action was easily avoided, exemplifying the effectiveness of debt negotiation.

What Happens If You Don’t Pay?

It is essential that you do not ignore your tax debt and take legal action by the ATO seriously, as it can lead to the loss of your business and personal assets. If you do not actively engage with the ATO regarding your business tax debt, they may take stronger action, including:

GARNISHEE NOTICES

When you owe money for a tax debt, the ATO may issue a garnishee notice to a third party that holds or owes money to you. This notice allows the ATO to bypass you, legally ordering the third party to pay the amount related to your tax debt directly to them. Examples of parties to whom the ATO may serve a garnishee order may include your bank, employer or other persons whom owe money to you for a real estate sale, such as purchasers or solicitors.

DIRECTOR PENALTY NOTICES

Director Penalty Notices (DPN) make directors personally liable for their company’s unpaid tax debt. The specific tax debts DPNs relate to include:

  • Pay as you go (PAYG) withholding
  • Goods and services tax (GST)
  • Super guarantee charge (SGC)

DPNs enable the ATO to commence legal proceedings to recover the debt.

There are two types of Director Penalty Notices: Non-lockdown and lockdown.
A non-lockdown DPN affords directors 21 days to either:

  • Pay the full amount owing to the ATO
  • Enter voluntary administration
  • Go into liquidation
  • Elect a Small Business Restructure (SBRP) practitioner

Alternatively, a lockdown DPN delineates that directors are already personally liable and the debt must be paid within 21 days otherwise directors must offer a statutory defence in court.

DISCLOSURE OF BUSINESS DEBTS

In 2019, new legislation passed in Australia giving the ATO the power to disclose outstanding business tax debts to credit reporting bureaus. This debt recovery strategy is designed to impede businesses from neglecting their tax obligations and encourage active communication with the tax office.

The disclosure of business tax debt can have an incredible impact on your credit report. It may obstruct your business from securing a loan or other finance.

If your business has a tax debt of $100,000 or more that has been overdue for over 90 days, you are at risk of having your debt disclosed. Other criteria include:

  • You hold an ABN (complying superannuation funds, charities and government entities are excluded)
  • You are not actively communicating with the ATO to manage your tax debt
  • You do not hold an active complaint regarding the ATO’s decision to report with the Taxation Ombudsman

The tax debts that are applicable include overdue income tax, fringe benefits tax, business activity statements, superannuation, interest and penalties. If you meet this criteria, you will first be contacted by the ATO in writing with a ‘Notice of Intent to Disclose.’ These letters will advise you of the information that will be disclosed and inform you that you have 28 days to respond or take action.

Additionally, the ATO may consider legal proceedings for unaddressed debt, including:

CLAIM OR SUMMONS

If you do not engage with the ATO to negotiate or address your tax debt, they may file a claim or summons with your relevant state or territory court. If the court recognises that the money you owe is outstanding, the ATO may use this judgement to initiate legal action.

Any interest charged by the court to your tax debt is not tax deductible.

CREDITOR’S PETITION

A creditor’s petition is the application filed by creditors to commence bankruptcy proceedings against their debtor. This petition is applied to a Federal court and can be used by any creditors.

If the court makes a sequestration order, you will be declared bankrupt.

Creditor's Petition

BANKRUPTCY NOTICE

Bankruptcy notices require debts to pay the money they owe within 21 days or negotiate a payment plan with the ATO. Failing to take the required action will result in the ATO filing a creditor’s petition with the court.

Bankruptcy is a legal declaration that an individual or business is unable to pay all of their outstanding debts. When this occurs, a bankruptcy trustee take possession of remaining assets in order to sell them and pay off as much debt as possible.

If you are facing a bankruptcy notice but can substantiate your ability to pay the debt within a reasonable period of time, the ATO will not seek to bankrupt you. In this situation, it is critical to engage with the ATO as soon as possible and provide them with the evidence supporting your ability to pay.

STATUTORY DEMAND

Statutory demands are a legal order demanding that the debtor pay in full or enter into a payment plan within 21 days. If the debt is not paid or an agreement entered into in this time, the creditor may take further action with the court to wind-up your business.

WIND-UP ACTION

If a business fails to pay their tax debt or negotiate a payment plan, this indicates insolvency and presents a risk to the ATO and other credit providers. In turn, the ATO will make an application with the court to wind-up your business.

When this occurs, a registered liquidator is appointed to sell your business’s remaining assets and pay back as many outstanding debts as possible.

If you owe money against your ATO debt and are having difficulty paying, contact Wisdom as soon as possible. It most cases, it is possible to de-escalate the ATO’s debt collection actions and avoid court altogether. Taking prompt action is critical to affording your business the opportunity to enter into a payment plan, pay or dispute the debt before legal action commences.

At Wisdom, we provide expert advice and assistance in debt consolidation, negotiation, management and recovery. We can form tailored strategies so your business can make repayments that are affordable and deal with your debt, once and for all. Contact us today by phoning 1300 277 148 or emailing help@wisdombc.com.au.

Debt Collector Conduct

If you have failed to make a payment for a bill, loan or mortgage, your creditor has the right to pursue the debts they are owed. Debts may be collected by the original creditor, a debt collection company on behalf of the creditor, or sold to a third party company who then owns and collects the debts. There are laws in Australia around debt collection that are designed to protect the rights of both debtors and creditors and ensure that debts are collected in a reasonable manner.

Creditors have the right to:

  • collect debts owing through a lawful process.
  • issue a default notice, affording their debtor 30 days to pay before recovery action escalates.
  • issue a notice of debt acceleration, deeming the total amount owing as immediately due and payable. However, for personal or investment property loan debts, a default notice must have been issued and expired before the debt may be accelerated.
  • provide notice of, and proceed to, eviction for debts related to tenancy.
  • seize any property that has been registered as security against the loan, such as a bank repossessing a home for outstanding mortgage repayments.
  • provide notice of and disconnect utilities such as gas, internet or electricity if they are your provider.
  • issue a summons to court or statement of claim.

To collect debts, creditors and debt collectors may, if done so lawfully,:

  • call or meet with debtors face-to face, however only between 7:30am – 9pm on weekdays, and 9am – 9pm on weekends.
  • call or write to demand payment.
  • communicate with you to arrange repayment.
  • enquire regarding missed repayments.
  • make revisions, after an agreed period of time, to your payment plan or payment terms.
  • initiate court proceedings.
  • obtain a court order.
  • sell the debt to a third party debt collection company

Critically, debt collectors may not conduct themselves in a way that is harassing, threatening, deceptive or misleading. Additionally, they are not permitted to contact you more than three times per week or make demands that are not reasonable or unlawful.

If you feel as though a debt collector is acting in a harassing or acting in an unlawful manner, the National Debt Helpline offers free advice and assistance. By calling 1800 007 007, you can speak to a free financial counsellor for advice regarding the conduct of a debt collector. They can provide information on how to lodge a dispute, and guide you through the dispute resolution process.

Get Quality Business and Tax Help in Australi

At Wisdom, we are the leaders of the Australian debt negotiation industry. We are unrivalled in our professional services and history of customer success.

We understand the immense pressures that small business owners face, particularly in the current economic environment. We are passionate about providing tailored strategies to help your small business manage repayments and experience debt relief.

OUR SERVICES

Our professional services can help your business ensure its tax debts are paid before any creditor debt collection action is necessary. We achieve this by undertaking a thorough financial analysis to ascertain the repayments your business can afford, and what strategies could be implemented to increase profitability and save money.

If you have lost track of your tax return or business activity statement, our team are the debt negotiators to contact. We can negotiate more manageable repayments, better payment terms, reduced fees and interest, allowing your business to recover from tax debt.

Additionally, we can provide advice and assistance with the ATO’s debt collection process and dispute resolution. We understand the time sensitive nature of legal proceedings, as well as the best paths to take if you are facing financial hardship and legal recovery action.

If you are starting a new business, we provide expert assistance from the get-go. Our business set-up services ensure each business is established correctly and under the appropriate legal structure. This helps to protect your personal assets and property as a small business owner. Additionally, we can offer an objective perspective and advice on improving processes and increasing profitability, allowing your business to thrive and adapt to our ever-changing economy.

Our team are proudly backed by a combined industry experience of over 50 years, an unblemished record of success and positive customer testimonials. We are dedicated to helping our customers save their business and family home.

Tax Help in Australia

To alleviate stress and deal with your tax debts, contact our friendly team today by phoning 1300 277 148 or emailing help@wisdombc.com.au.

Experiencing Financial Hardship? Contact Wisdom Today

If you are struggling to pay your tax debt, it’s important to know you’re not alone. Periods of poor cash flow, slow-paying customers and financial stress occur in every industry, but there is debt relief help available.

With the right strategy, your small business can negotiate its debt, secure a payment plan and make repayments it can afford. This helps our customers to avoid debt collectors and serious recovery action. Consequently, over 80% of our clients save their business and home.

Our experienced team of business consultants and debt negotiators understand the complexities of tax law and can help you understand your obligations, preventing the accumulation of tax debts altogether. We will work with you to implement tailored strategies to prepare for your end of financial year obligations.

If you have overdue tax debts, contact our team at Wisdom today!

Phone 1300 277 148 or email help@wisdombc.com.au.

What our clients say