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ATO Compliance in Focus Program 2013/14 – Fraudulent Phoenixing & DPN’s a focus

29/07/2013 by Bruce Gleeson

The ATO’s Second Commissioner of Compliance, Mr Bruce Quigley recently released the Compliance in Focus Program for the current financial year. For those that may wish to read the entire version please go to www.ato.gov.au . As mentioned in the document, detection of non-compliance “ is achieved by analysing and matching information reported to us”. As some readers may be aware, the ATO works with other state and federal government agencies and other third parties, such as financial institutions to obtain information. That information is used to identify discrepancies including non-lodgement and under-reporting. Where the taxpayer fails to rectify errors or omissions, the Program highl

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Personal bankruptcies decline for the quarter ended 30 June 2013

16/07/2013 by Bruce Gleeson

The quarterly personal insolvency statistics for the June quarter 2013 show that personal insolvency activity declined by almost 1.4% when compared to the June quarter 2012. Interestingly NSW, QLD, WA and Tasmania all recorded falls in personal insolvency activity whereas Victoria, SA, ACT and Northern Territory all recorded increases. Bankruptcy numbers (which accounts for approximately 68% of the personal insolvency numbers for the June quarter 2013 ) actually fell by 3.93% when compared to the June quarter 2012. NSW accounted for approximately 32% of bankruptcies across Australia for the June quarter 2013. Personal Insolvency Agreements (also known as Part X Arrangements) also decli

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Expert says the Australian Economic Growth may not hit zero until around 2018

05/07/2013 by Bruce Gleeson

Jones Partners hosted its inaugural “State of the Economy & Industries at Risk” this week. The presentation was given by CEO and Chairman of IBISWorld, Phil Ruthven. One of the major points Phil raised when discussing levels of corporate insolvency / liquidation was that almost two-thirds (or 67%) of corporate failures were attributed to internal risk factors. This certainly appears to correlate with our own research and that of Australian Securities and Investments Commission (ASIC) which indicates that just over 60% relates to poor strategic management. Family businesses and SME’s in particular have the challenge of ensuring that they have the right level of key individuals to gi

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Director Penalty Notices

10/04/2013 by Bruce Gleeson

In June 2012 there were changes to the Director Penalty Notice (DPN) regime. Most importantly such changes now expose directors to automatic personal liability where either PAYG or SGC obligations remain unpaid and unreported for more than 3 months after the due date. Whilst the ATO will still have to send a DPN to recover on the debt – the director can no longer avoid personal liability in such circumstance by voluntary administration or voluntary liquidation. The important message is that at an absolute minimum directors should ensure that they comply with reporting obligations on-time. Unfortunately there is still a status quo position being adopted by some directors and advisors. If

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Liquidation is NOT a dirty word!

by Bruce Gleeson

Whilst the term liquidation is frequently used, for many company directors or business owners it is still not always well understood and indeed feared. Whilst this is understandable, it is important to understand that this can also be a final part of the overall strategy when it is determined that a business (or company structure) is wound up. Critically directors and business owners need to seek professional advice (from appropriately qualified people – not unqualified consultants!!!) when they know the business is not heading in the right direction. In the main business failure is largely due to “micro” effects on the business, rather than “macro” factors as is sometimes reported. There is

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Bankruptcy

by Bruce Gleeson

Will you be able to keep the house? This is a question I get asked frequently by individuals that may need to contemplate voluntary bankruptcy. The short answer is YES, however it is important to understand that a bankruptcy trustee has an obligation to realise certain assets for the benefit of creditors. This includes equity you may have in the family home. It is possible for a co-owner or other family member to acquire your share of the equity in the family home from the bankruptcy trustee provided that the trustee believes it is a fair offer. It is important to examine each situation independently so that you are aware of how the bankruptcy trustee approaches determining the equity positi

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