VIC Issues with ATO and Bankruptcy - Help?

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Claudia53

Member
4 July 2018
4
0
1
Here's my situation:
  • I have an income tax balance liability, which I need to repay by 1. August.
  • I am expecting an income tax refund for the past financial year (2018), the refund won't cover the liability fully, there will be a couple of hundred dollars left as liability, which won't present a problem in repaying.
  • I have a debt with a financial institution, which I cannot manage to repay. That is my real headache and reason for going down the bankruptcy path.
I have carefully assessed my (financial) situation and are opting for bankruptcy. I am considering filing for B this month.

My questions are:
  • Will the balance of my income tax liability be 'cleared'? Or frozen until the end of bankruptcy, and then becomes subject for collection -again-?
  • What happens to the income tax refund for 2018? Will the ATO offset the refund? Or will they actually refund the amount? I don't have the income tax return ready for lodgment just yet. I should mention that ATO is aware of a possible refund.
Has anybody experienced an ATO debt/refund situation like mine? Any thoughts you can share would be appreciated.
 

settle

Well-Known Member
4 February 2017
65
6
224
Don’t go bankrupt, you don’t need to. What’s the bank debt you owe?

If you do your tax now and you get refund, it will be offset against debt. Debt will be written off at bankruptcy.

But you will be surprised if during the bankruptcy, you have further refunds, the ato can take it, it’s law!

The ato have this hidden law that technically they can take the refund during bankruptcy.
 

settle

Well-Known Member
4 February 2017
65
6
224
Ring them and tell me to charge off the account

They will help u