FAQ

ATO and tax debt: your questions answered

Questions about finance where ATO debt is part of the picture. Covers integrated client accounts, payment arrangements, director penalty notices, disclosure of tax debt to credit reporting bodies, and the options lenders consider when a business wants to clear or restructure an amount owing to the Australian Taxation Office.

Can I borrow to pay out an ATO debt?

Yes, a number of lenders on our panel will fund tax debt, either as an unsecured business loan or secured against property or equipment. The usual purpose is to replace ATO general interest charge with a structured repayment and to clear a debt that is blocking other finance. Lenders will want the ATO portal statement showing the balance and whether an arrangement is in place. Refinancing tax debt changes the term and total amount you repay, so compare that against staying on an arrangement.

Does the ATO report business tax debt to credit reporting bodies?

The ATO can disclose business tax debts to credit reporting bodies where the debt is above a threshold, has been outstanding for a set period, the business has an ABN, and it is not effectively engaging with the ATO to manage the debt. Once disclosed, the debt can appear on a commercial credit report and affect lender decisions. Entering and maintaining a payment arrangement is the usual way to avoid disclosure. Check the ATO's current criteria directly.

I have a payment arrangement with the ATO — can I still get finance?

Often yes. Many lenders view a maintained arrangement more favourably than an ignored debt, because it shows engagement. They will typically ask for the arrangement letter, the current integrated client account balance and evidence the instalments are being met from the business account. The arrangement payments are counted as a commitment when assessing servicing. A broken or defaulted arrangement is a bigger obstacle than the debt itself.

What is a director penalty notice?

A director penalty notice is a notice from the ATO that can make a company director personally liable for certain unpaid company obligations, principally PAYG withholding, GST and superannuation guarantee charge. There are strict time limits and the options available depend on whether the amounts were reported on time. This is a serious legal matter, not a finance question — speak to your accountant or a registered insolvency or legal adviser promptly if you receive one.

Related: Unsecured business loan · Low-doc business loan · Business debt consolidation loan