Tax debts & insolvency – Practical pathways through a legal-ethics lens
Source: South Australia
Published Date: 5 Mar 2026
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The ATO’s firmer debt recovery posture, signalling use of the full suite of powers, tighter payment plans and interest remissions, and closer scrutiny of deferrals and penalties, has raised the stakes for advisers, directors and taxpayers. This session examines the operation of ATO powers under the Taxation Administration Act 1953 (Cth), including director penalty notices, garnishee notices and retention of refunds, and how those powers intersect with practical options such as payment arrangements, remission requests, small business restructuring, voluntary administration or a deed of company arrangement, liquidation and personal bankruptcy. Framed through a legal ethics lens, it focuses on delivering defensible advice and clear client communications across business and individual contexts.
Key takeaways include:
- Triage and act on DPNs within 21 days, distinguish lockdown and non-lockdown, and maintain a defensible advice trail.
- Use ATO powers ethically and effectively, negotiate remissions and payment plans, and contest garnishee notices, retention of refunds and credit reporting where appropriate.
- Select and justify the pathway that preserves value and reduces director exposure, including payment arrangements, small business restructuring, voluntary administration or a deed of company arrangement, liquidation or bankruptcy; and
- Embed vulnerability safeguards and plain language communications so clients understand risks, costs and consequences.
Individual Session
Details
- Published By: Sylvia Villios CTA
- Published On:5 Mar 2026
- Event Name:SA Tax Forum
- Session Name:Tax debts & insolvency – Practical pathways through a legal-ethics lens
- Listen Time:1+ hour
- Took place at:Stamford Plaza Adelaide
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