Debt recovery

Overdue BAS: what happens after the 28 July deadline passes

If your June-quarter BAS is overdue, confirm your applicable due date, lodgement status and account balance. Then deal separately with outstanding statements, payment difficulties and any formal notice.
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Confirm the due date that applied to you

The standard quarterly BAS due date for April to June is 28 July. Some businesses may have a later date through an eligible online lodgement concession, a registered agent arrangement or an approved extension. Check the date that applies to your account before treating it as missed.

If the applicable date has passed, establish what remains outstanding. The statement may be unlodged, an amount may be unpaid, or both issues may need attention. A payment does not by itself prove that a statement was lodged.

Check your ATO account and ask your registered tax or BAS agent to reconcile the position. Keep the statement, acknowledgement, payment records and any relevant correspondence together.

Source: ATO: Due dates for lodging and paying your BAS

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Identify what still needs to be lodged

Ask which periods are outstanding and what information is needed to complete them. If you supplied records to an accountant, confirm whether they were sufficient, whether approval was requested and whether lodgement was completed.

Agree who will supply missing information and who will lodge each statement. Request confirmation when it has been received by the ATO. This makes the follow-up specific instead of relying on an assumption that the paperwork is being handled.

If you cannot pay the account in full, raise that separately with the ATO or your agent. Do not assume that withholding the statement will resolve the payment problem. Ask what must be lodged and what payment options can be discussed.

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Check the balance and interest

General interest charge can apply to overdue tax amounts. The ATO calculates it on a daily compounding basis, and rates change quarterly. Use the current account information and applicable rates rather than treating an older example as the amount you now owe.

Reconcile payments, credits and amendments with your adviser. If an amount appears twice in your own records, check whether it is the same debt appearing in different reports before adding it to a total.

If you believe there are grounds for interest remission, ask about making a supported request. Keep a requested reduction separate from the current account balance until the ATO has decided it. Do not assume lodging the missing statement removes existing interest.

Source: ATO: If you don't pay

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Keep personal notices and company debts distinct

Certain unpaid company tax liabilities can also expose directors to personal penalties under the director penalty regime. A director penalty notice tells you that a penalty has been incurred and enables the ATO to pursue recovery. The underlying liability depends on the company's obligations.

If a personal notice has arrived, give the full document and envelope to an appropriately qualified adviser promptly. Ask them to check the relevant dates, reporting history, amounts and available responses. Do not assume a discussion about a company payment plan resolves the notice.

This article does not decide whether a penalty is valid, whether a defence applies or whether a particular company procedure affects the director's position. Those questions need assessment of the actual circumstances and current rules.

Source: ATO: Director penalties

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Discuss a realistic payment proposal

If you cannot pay the outstanding balance, contact the ATO or your agent about the available options. A payment plan may be possible, but eligibility and terms depend on the circumstances. A proposal is not an approved arrangement.

Prepare a view of available cash, expected receipts and upcoming commitments. Include new tax obligations as well as the proposed instalments. An arrangement for old debt does not remove the need to deal with those continuing obligations.

Check the terms of any arrangement, including instalment dates and payment references. General interest charge can continue to accrue while the debt is being paid by instalments, so do not assume that setting up a plan freezes the balance.

Source: ATO: Payment plans

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Follow up the outstanding actions

Keep a short list of the missing statements, unresolved payments, notices requiring advice and actions agreed with the ATO or your agent. Give each item an owner and a follow-up date.

Check completion against receipts and account records. If circumstances change or you cannot make an agreed payment, raise it promptly instead of silently changing the amount or date.

If the problem extends beyond the tax account and the business cannot meet its debts, seek advice about the wider position. Bring the reconciled records so the discussion starts from confirmed information.

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