Govt cracks down on phoenix companies

assistant treasurer

16 November 2009
| By By Caroline Munro |

The Government is cracking down on fraudulent phoenix activity whereby companies are avoiding responsibilities by deliberately going into liquidation.

Companies engaging in such activities are avoiding paying tax liabilities, wages, superannuation and leave entitlements, costing the national revenue base up to an estimated $600 million.

The Assistant Treasurer, Senator Nick Sherry, has released tough new proposals to prevent companies from going into liquidation and then continuing in the form of another corporate entity, controlled by the same person or group of individuals.

"The days of using 'phoenix' arrangements to dodge tax liabilities owed to the whole community and to swindle hard-working staff out of their pay, their super and their leave entitlements are about to end," Sherry said.

"The latest estimates provided to me indicate that phoenix activity may be ripping up to $600 million from the national revenue base - that is simply unacceptable and it's hurting the whole community and hitting the integrity of the system."

Sherry said companies and individuals engaged in such activities will bear the full brunt of the law.

"I have met too many hard working people across Australia who have been the victims of these fraudsters. And the impact on revenue is hitting all fair, honest taxpayers in the community," Sherry said.

"This initiative is a significant step towards helping honest businesses to compete on a level playing field and will address dishonest and unfair behaviour that costs business significantly."

The proposed reforms are open for public consultation.

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