Insolvency practitioners
An insolvency practitioner may include:
- a trustee in bankruptcy
- a liquidator
- a voluntary administrator
- a receiver
- small business restructuring practitioner
- an administrator of a deed of company arrangement.
The information we can disclose varies according to the type of insolvency administration.
As a general rule, we will not disclose information that is more than 2 years prior to the date of your appointment as the entity's representative.
Legal basis for disclosure of information
As an insolvency practitioner, you can obtain copies of many documents that we hold without making a request under the Freedom of Information Act 1982 (FOI Act).
The confidentiality provisions in the Taxation Administration Act 1953 (TAA) permit us to disclose taxpayer information in certain specified circumstances. However, it must be an authorised disclosure and we need to exercise our discretion before disclosing the information.
The information we disclose must be about an insolvent entity (the incapacitated entity) you formally represent.
Where third-party information or substantial amounts of information are requested, we require specific reasons for the documents, including the purpose they will serve in the liquidation or administration process.
Disclosure by practitioner type
The information we can disclose varies according to the type of insolvency administration:
- Liquidators and voluntary administrators
- Deed administrators
- Trustees: bankruptcy or personal insolvency agreements
- Receivers
- Small business restructuring practitioner.
Liquidators and voluntary administrators
If you are a liquidator or voluntary administrator, you can use Online services for business to access:
- business activity statements (BAS) that have been lodged and processed
- statements of account (for example, income tax account or BAS running balance).
You can request other types of information, including:
- tax returns
- payment summary or income statements
- relevant court documents
- notices of assessment
- relevant correspondence
- relevant case notes.
Requests for disclosure of correspondence and case notes are assessed on a case-by-case basis. You will need to specify the event, transaction or period you require case notes for, and detail the purpose they will serve in the liquidation or administration process.
You can find out more at Obtaining information from us.
Deed administrators
Access to Online services for business is not available to deed administrators. However, we can generally provide copies of the following information in relation to 'provable' debts:
- statements of account
- BAS that have been lodged and processed
- tax returns that have been lodged and processed
- payment summary or income statements – the overall statement which was lodged by the company
- notices of assessment
- relevant court documents – for example, a judgment obtained.
Trustees: bankruptcy or personal insolvency agreements
Access to Online services for business is not available to the trustee. However, we can generally provide copies of the following information to trustees in bankruptcy and trustees of personal insolvency agreements:
- statements of account
- notices of assessment (pre-insolvency)
- pre-insolvency BAS that have been lodged and processed
- pre-insolvency tax returns that have been lodged and processed
- director penalty notices
- individual payment summary or income statements
- relevant case notes (Disclosure is assessed on a case-by-case basis. You'll need to specify the event, transaction or period you require case notes for, and detail the purpose they will serve in the liquidation or administration process).
Trustees of personal insolvency agreements are required to provide specific reasons for the request for information, including the purpose the information will serve in the administration process. In some cases, we may require a copy of the personal insolvency agreement before providing any information.
Post-insolvency information will only be given to the trustee where we can establish that providing this information is relevant to the administration.
Receivers
If you're a receiver or a receiver manager (or both), we can only disclose limited information about the entity. The information must be required for you to comply with your obligations on behalf of the incapacitated entity under the tax laws.
If you're a receiver appointed pursuant to a circulating security interest, you'll be required to pay employees’ debts, including super guarantee charge, that were outstanding at the date of your appointment as receiver.
Small business restructuring practitioner
Access to online services for business is not available to small business restructuring practitioners. We can only disclose information to authorised contacts of the company. You can obtain the information by requesting the Public Officer or existing authorised contact of the company to make the request. If you are not an authorised contact of the company, the Public Officer of the company may appoint you as an authorised contact using the approved form.
Obtaining information from us
Using Online services for business
All practitioners can contact us about insolvency using the secure messaging function in Online services for business. You can electronically request the documents you need, and we can provide the information in a digital, more convenient format.
If you are a liquidator or voluntary administrator, this is the most efficient way to obtain information.
You can obtain BAS and statements of account in relation to incapacitated entities you represent.
For other types of information, you can use the service's secure messaging function to make a request to us – select Insolvency as the subject.
Writing to us
If you are unable to access Online services for business, you can write to us for information about an insolvent entity you represent. Complete the Debt insolvency cover sheet and send your request to us by fax or mail.
Find out more about:
- Procedures for disclosing protected information
- using Online services for business to access client information and forms - see Online services and forms
- accessing information under the Freedom of Information Act - see Our approach to information gathering.