top of page

The Future of Small Business Restructuring and the ATO: What You Need to Know

Updated: Mar 10

ATO Crackdown in 2025: A Game-Changer for Small Business Restructuring


The Australian Taxation Office (ATO) is ramping up debt recovery efforts in 2025 after years of leniency during the COVID-19 pandemic. Accountants working with small businesses must be prepared for an increase in Director Penalty Notices (DPNs), firmer action on overdue tax debts, and greater scrutiny of businesses trading while insolvent.


What Does This Mean for Accountants and Business Advisors?


For accountants advising small businesses, the key takeaway is simple: proactive action is critical. The businesses that survive will be those that address their financial challenges before the ATO takes enforcement action.


One of the most effective tools available is Small Business Restructuring (SBR), an ATO-supported process allowing viable businesses to reduce unsecured debts by up to 80% while continuing to trade. This process ensures that directors maintain control of their businesses while avoiding personal liability from DPNs.



A man in a suit smiles while talking to a couple at a desk in an office. Papers aare on the light wood desk.


 

Legislative & Regulatory Changes: ASIC and ATO Tighten the Noose


In addition to the ATO's increased focus on tax debt recovery, ASIC is intensifying its crackdown on insolvent trading. The 2025 regulatory landscape will see:

  • Greater scrutiny on restructuring plans to ensure creditors receive fair treatment

  • Stronger enforcement against directors trading while insolvent

  • Faster action on illegal phoenixing activities


For accountants, this means a renewed responsibility to advise directors on their legal obligations. Failing to do so could result in serious consequences for clients, including personal liability, director bans, and fines.


 

Practical Strategies for Accountants in 2025


As accountants, guiding clients through these financial and regulatory challenges is both an opportunity and a necessity. Here’s how you can position yourself as an essential partner for small businesses:


Identify At-Risk Clients Early Start assessing which of your clients may struggle with debt repayment, cash flow, or ATO liabilities. Indicators of financial distress include:

  • Consistently late BAS and PAYG payments

  • Persistent cash flow shortages

  • Large overdue tax debts with no structured repayment plan

Educate Clients on Small Business Restructuring (SBR) Many directors are unaware of the SBR process, which allows them to restructure debts without losing control of their business. Providing proactive guidance on:

Partner with a Registered Restructuring Practitioner

Warn Clients About Personal Liability Risks With ASIC and the ATO increasing enforcement, directors need to act before they are personally liable. If a business continues trading while insolvent, directors can face:

Help Clients Navigate ATO Negotiations While the ATO is enforcing compliance more strictly, structured repayment plans are still an option—but only for businesses that engage early. You can assist clients by:

  • Negotiating payment plans with the ATO before enforcement escalates

  • Ensuring compliance with agreed payment arrangements

  • Exploring SBR as an alternative to liquidation


Cash Flow Crisis: The Other Big Challenge in 2025


Beyond tax debt, cash flow will remain the biggest survival factor for SMEs in 2025. With higher interest rates, declining consumer spending, and ATO debt collection intensifying, businesses need smarter financial strategies.


For accountants, this means advising clients on:

  • Optimising cash flow forecasting to anticipate shortfalls

  • Negotiating supplier terms to improve liquidity

  • Reducing overhead costs strategically, without harming business operations


When cash flow issues escalate beyond operational adjustments, SBR can be a lifeline, helping businesses restructure debts without shutting down.


Person typing on a laptop in a workspace. A calculator, notebook, and papers scattered on a wooden desk. Warm, focused atmosphere.

Why Acting Now Matters


2025 is set to be a year of significant enforcement and scrutiny. Accountants who fail to prepare their clients now may find themselves dealing with emergency insolvency situations later. On the flip side, those who proactively guide businesses through restructuring will be seen as indispensable advisors, ensuring clients emerge stronger from financial distress.


Get Expert Guidance


At TTJ Advisory, we specialise in Small Business Restructuring (SBR) and insolvency support. We partner with accountants to help their clients navigate debt recovery, protect directors from personal liability, and execute structured turnaround strategies.


🔹 Need expert support for your clients? Let’s set up a free consultation:



Services Designed With You In Mind

Whether you're a small business grappling with insolvency or an individual contemplating bankruptcy, our services are designed to address your needs.

Director Penalty Notices
How TTJ helps you navigate the complexities of DPN’s and insolvencies

Director Penalty Notices

We help directors navigate the complexities of a DPN.

Voluntary Administration
Our Main Objectives in Voluntary Administration

Voluntary Administration

Restructure your distressed business with our expert help.

Creditors Voluntary Liquidation
A Creditors' Voluntary Liquidation (CVL) may be a good option when:

Creditors Voluntary Liquidation

Ensure fair asset distribution and orderly closure.

Personal Insolvency Agreements (PIA)
How TTJ Advisory Assists with PIAs

Personal Insolvency Agreements (PIA)

Manage your PIA efficiently with our trustee services.

Small Business Restructuring
The Benefits of Restructuring

Small Business Restructuring

Restructure debts and secure your business's future.

Bankruptcy Services
How TTJ Advisory Supports You Through Bankruptcy

Bankruptcy Services

Navigate bankruptcy smoothly with our professional guidance.

Deceased Estates
Here’s why families and beneficiaries choose TTJ Advisory:

Deceased Estates

Handle deceased estates with precision and empathy.

Statutory Trustee
Our approach includes:

Statutory Trustee

Impartial management of trust operations and compliance.

Court-ordered Liquidation
Why is a liquidator necessary for Court-Ordered Liquidation?

Court-ordered Liquidation

Guide your company through court-ordered liquidation.

Receivership
How TTJ Advisory Supports You Through Receivership

Receivership

Oversee assets and operations to repay debts.

Feeling adrift in unfamiliar waters?

Explore more useful tools below.

Use this compass to gauge the immediacy of your emotional and financial circumstances.

Please answer these simple questions to help us understand a little more about you and your current situation, then navigate you in the right direction.

(Approx. Time: 3 minutes)

Bankruptcy Myths.
Uncover the facts.

Insolvency Facts.
Check your knowledge.

We are your navigation partners.

We are a conduit to taking weight off shoulders and reducing the stress that comes from having to rebuild finances and a future.
bottom of page