Small business restructuring and ATO debt help for Australian companies
Business debt problems? Let’s find a way forward.
Struggling with ATO debt, unpaid creditors or mounting financial pressure? You may have more options than you think. Speak with our team about practical solutions to restructure your debts, protect your business where possible, or move forward with confidence.
(02) 8111 6600Monday to Friday, 9:00am to 5:30pm Sydney time. Confidential, no obligation.
Who you will be speaking to: SBRHelp is an information and referral service run by Ardian Law Pty Ltd. We are not registered liquidators and we do not take appointments. About us
21 days
The window on a Director Penalty Notice
Ten minutes
Usually how long the first call takes
In charge
Directors keep running the business day to day
Where to start
Whatever your business is facing, let’s explore your options.
ATO debt problems
Struggling to keep up with tax debts? Let’s discuss what options may be available.
Discuss your ATO debtBusiness debt restructuring
Your business may be viable even if its debts have become difficult to manage.
Explore restructuring optionsCreditors chasing payment
Understand your position and the practical steps available to address creditor pressure.
Speak to an adviserBusiness cannot continue
Sometimes the right solution is an orderly exit. Understand your options before making a decision.
Discuss your next steps
Not sure which of these fits? Call us and we’ll work it out together.
The first call
What happens when you call
Usually about ten minutes. It is confidential. Calling SBRHelp does not notify the ATO, ASIC or your creditors, and there is nothing to sign.
01We ask a few questions
Roughly what the company owes and to whom, whether tax lodgements are up to date, and whether you have a notice with a date on it.
02You hear whether it looks worth pursuing
If restructuring does not look like a fit, we will say so.
03If it does, we introduce a registered liquidator
They assess the company properly, and give you their name and ASIC registration in writing before anything is appointed.
Eligibility
Is this for your company?
A formal process under Part 5.3B of the Corporations Act, designed for smaller companies. It may suit you if:
Under $1m
The company owes less than $1 million in total.
Staff paid
Wages and super that are due to employees have been paid.
Lodged
Tax returns and BAS are substantially up to date (lodged, even if not yet paid).
These are the main conditions, not all of them. A registered liquidator confirms eligibility. Read the eligibility guide
The process
How small business restructuring works
You stay in charge of the business
Unlike voluntary administration, directors keep running day-to-day operations while the restructuring takes place.
Creditors are held back while the plan is prepared
Unsecured creditors generally cannot enforce their debts or apply to wind the company up while a plan is prepared and voted on.
Creditors vote on a plan
A plan can reduce what is paid on ATO and trade debt, but only if creditors vote to accept it. Outcomes depend on the company’s position.
Got a Director Penalty Notice?
Appointing a restructuring practitioner within the 21-day window also remits that penalty. “Lockdown” notices are not remitted. The clock is fixed. Read how DPNs work or call today.
Honest about the options
Restructuring is not always the answer. We will say so if it isn’t.
The aim of the first call is to understand the business and the options that may be open to it, not to steer you towards any one process.
Small business restructuring
May suit a viable company owing under $1 million, with employee entitlements paid and lodgements up to date. Directors stay in control while a plan goes to creditors.
Read moreVoluntary administration
May need considering for larger or more complex companies, or where the restructuring thresholds are not met. An external administrator takes control.
Read moreLiquidation
May be the right step when the business cannot continue. Trading stops and assets are realised in an orderly way, with directors’ obligations dealt with properly.
Read moreWhich process fits depends on the company’s full position. A registered liquidator confirms eligibility; no outcome is guaranteed. Compare the three side by side.
Not sure what to do next? Call us.
Tell us what is owed, whether lodgements are up to date and whether any notice has a date on it. We will talk through the options that may be open to the business and, if it looks worth a closer look, introduce you to a registered liquidator.