The ATO and the government want small businesses to restructure!
“As the economy continues to recover, it will be critical that distressed businesses have the necessary flexibility to either restructure or to wind down their operations in an orderly manner.”
“….these measures will reposition our insolvency system to reduce costs for small businesses, reduce the time they spend during the insolvency process, ensure greater economic dynamism, and ultimately help more small businesses get to the other side of the crisis.”
Let’s see what the ATO says about Small Business Restructuring:
“The ATO’s focus is on assisting eligible businesses to access Small Business Restructuring or Simplified Liquidation where possible and where appropriate. Where we have been a creditor we have supported most Restructuring Plans.”
Renegotiating ATO debt with Small Business Restructuring
Corporate restructuring is a complicated area and can involve a range of possible solutions. But it is not a-one-size-fits-all situation. You need experienced restructuring professionals who know the tricks and traps of the processes.
New solution – highly recommended and highly successful
A new formal restructuring process was introduced in 2021 specifically designed for small companies. It is simpler, quicker and cheaper than Voluntary Administration. It allows a small businesses to restructure its debts while the directors remain in control of their business.
Voluntary Administration can be an excellent solution for a company in financial difficulty. VA provides a company with a one month breathing space to negotiate with creditors to arrive at an agreement to save a business.
Safe Harbour Protection allows directors to address a company’s financial difficulties behind-the-scenes. Directors can get on with dealing with a restrurturing whilst avoiding being personally liable for company debts under insolvent trading laws.
Debt Negotiation – Bank /
ATO / Creditors
Often a company has an optimistic trading outlook but is struggling under a debt burden from the past. Where there are only a few major creditors (such as a Bank, the ATO or a major trade creditor) then negotiation directly with those creditors is the best option.
If you are struggling to obtain a bank roll-over of your business debt, and your Broker can not obtain a refinance elsewhere, then you are in need of a specialised skill set that can deliver a refinancing, a haircut for the bank and possible some other innovative debt structuring.
Company Restructuring is a process where a company develops and implements a restructuring plan to improve its financial position to save the business. It will involve improvements in business operations and works with some or all of a company’s creditors. The restructuring process need not follow any set formula or timing.
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Where do you turn when things start to go wrong?
Until now there hasn’t been a one-stop-shop for a director to get a practical understanding of their situation and the solutions available.
At Restructuring Works, we focus on the issues facing the decision maker – the company director.
Watch the video to hear from one of our Restructuring Experts.
Our professional memberships
Association of Independent
Board Member in-house
Australian Restructuring Insolvency & Turnaround Association