Small Business Restructuring Training Material.

Written by Claude Haiku 4.5 from the extracted text on 27 Feb 2026. It can miss or misread redacted and scanned pages. Check the source before relying on it.

ATO internal training material providing guidance to tax officers on voting decisions in small business restructuring (SBR) cases under Part 5.3B of the Corporations Act 2001. The document outlines criteria for supporting or opposing restructuring plans, emphasizing case-by-case assessment balancing creditor outcomes against tax system integrity. The ATO will generally support plans where creditors receive more than in liquidation, absent public interest concerns, but will refuse support where: total liabilities exceed $1 million; directors or companies have participated in restructuring or simplified liquidation within seven years; or directors/related entities pose compliance risks or seek unfair competitive advantage. The guidance requires APS5 technical specialist consultation for uncertain matters and mandatory APS6 endorsement before rejecting any restructuring plan. The material reflects the ATO's balancing act between facilitating financially viable business restructuring and preventing misuse by non-compliant operators.