Hot Issues
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FBT Reminder – Odometer Reading
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A comprehensive collection of small business benchmarks
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The 2025 Financial Year tax & super changes you need to know!
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Underperforming employees: When can you terminate?
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A comprehensive list of guides to industry specific tax deductions.
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Oldest Buildings in the World.
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ATO’s hands tied with scrapping on-hold debts, expert says
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What Drives Your Business Growth and Profits?
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Why employee v contractor comes down to fine print
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Sharing economy reporting regime for platform operators
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Countries producing the most solar power by gigawatt hours
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Illegal access nets $637 million
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Accessing superannuation benefits.
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Does your business have a company Power of Attorney?
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Labor tweaks stage 3 tax cuts to make room for ‘middle Australia’
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GrantConnect
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2 in 3 SMEs benefit from instant asset write-off, survey reveals
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Updated guidance on R&D claims
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Do you know how to recover debts?
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Wheat Production by Country
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Types of small business benchmarks
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What is a Commercial Lease?
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ATO warns advisers against suspect R&D tax claims
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The year of workplace law upheaval
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Vimeo test
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Quarter 1 of, 2015 archive
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ATO states estimates are acceptable
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Hockey considers super access for first time home buyers
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Reportable Fringe Benefit Amount - Employer Reporting
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Simple Mistake on Share Transfer
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ATO highlights billions in forgotten super
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In a bankruptcy what does a trustee do?
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Bankruptcies, what are they?
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SMSF trustees unprepared for new collectibles rules
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We wish all our clients a Merry Christmas, a Happy New Year and a restful holiday
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Employee Christmas Parties and Gifts – Any FBT?
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Breaking down the latest ATO determination on TRIS
Bankruptcies, what are they?

 

In each of 2013 and 2014 financial years approximately 20,000 Australians declared themselves bankrupt.

       

A declaration of bankruptcy is one of several options available to persons who may be insolvent and provides a finalisation or moratorium to all of their creditors.  It may be initiated by either the debtor themselves or a creditors petition via the courts.

The affairs of the debtor are transferred to a specialist accountant who then stands in the shoes of the debtor and then acts with all the authority in place of the debtor.

It provides an elimination of all obligations and disposal of most property.  All debts e.g. tax debts, credit cards, telephone accounts, which are unsecured, will be eliminated, whilst secured debts e.g. home loan, business loan will be complicated until enforcement of security determines what equity (if any) exists.

It may also cause problems for anyone who has guaranteed an account e.g. a parent who has guaranteed a phone plan for a minor.

The trustee ends the bankruptcy by making a distribution to creditors to finalise their entitlements.  The debtor is then, after the period of bankruptcy (typically five years) able to start their financial arrangements again.  Obtaining credit and starting a new business will certainly not be as easy with bad credit ratings and financiers reluctant to advance other than a minimum level of credit.  Previously simple tasks e.g. renting, phone and utilities will be challenging.

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