The shareholders will need to appoint a new director or directors. If the sole director was also the sole shareholder, it's up to the bankruptcy trustee what to do.
The ATO can also have ASIC (or a Court order ASIC) to reinstate your Company in accordance with the Corporations Act 2001 s 601AH. If this happens the company will have essentially never have been deregistered and liabilities, such as a tax debt, will still need to be paid.
Also, Directors are rarely able to remain as a Director if declared bankrupt given bankruptcy causes a person to no longer be considered a ‘fit and proper person’ within the meaning of the Corporations Act.
So in this case, after ATO reinstate the company and the director is bankrupt, can ato make director liable for any unpaid CGT debt or income debt company owe. ( i know directors liable for any unpaid super and PAYG)
That's a bit tricky and would largely depend on the exact circumstances, but it is possible. The situation could go one of several ways, and unless it was a significant amount, I wouldn't stress too much about it, but essentially if a business which was formerly a Pty Ltd company was sold, the profit from that sale should be reported on the ITR of the Company for the respective year. I foresee two possible situations:
1. If a person were to simply withdraw the funds from the bank account as though they were never there and not report the income on the ITR....thats an issue and would see the director in quite a lot of trouble if found out by the ATO.
2. If the profit was reported but the CGT debt wasn't paid, that is less of an issue, but essentially the debt could be brought back to the director since the ATO wouldn't just accept the excuse that 'oh, no money left, oh well...'. They would want to trace the funds and if the director was found to have just pocketed all the profit, then proceedings would likely commence against that director. Further, it wouldn't be a 'debt' per se, it would be more of a penalty. The Company has a debt, but the director would be penalised for pocketing the money and leaving the Company with the debt, bankruptcy is unlikely to affect the liability for such a debt.
If the director were to incur a debt, that means the director made a profit and therefore there may also be issues with being bankrupt and failing to declare the profit from the sale of the business, if that is the case.
There really is a myriad of ways the situation could go and in my experience the ATO isn't quick, but they rarely miss an opportunity to go hunting for money owed.
I think everyone on here it’s getting excited and not looking at commercial reality and the real world
ATO officials are not real commercial people
Things take ages to happen from ato
Client your stressing yourself out to much
Lawyers tangle u in the legal jargon
Don’t stress u won’t be in trouble
I have been a tax agent for over 15 years ato isn’t that bad
ATO & ASIC are getting tough but reality is it cost them to much $$$ to pursue
Sorry but I would like to say u may be wrong?
Because I found this article
The starting position is that a company’s tax debts are just that – a debt of the company and not a debt of the director. The Tax Act states that a director is personally liable for PAYG deductions if those deductions are not paid to the ATO, but, that liability is only enforceable if the ATO sends a Director Penalty Notice (“DPN”) to a director. So in practice there is no automatic personal liability, but rather, a director will only be liable if he or she receives a DPN.
Before the new legislation came into affect in June 2012, a DPN gave a director 21 days notice in which they could put their company in Liquidation or Voluntary Administration to avoid personal liability. The new legislation introduced a clause to say if the company has not paid or reported it’s PAYG liability within 3 months of the due date, the DPN cannot be remitted by winding the company up. They still have to send a DPN, but the only options to avoid enforcement of personal liability are to pay the debt in full, or come to a payment arrangement. They call these “Knockdown DPNs”