Protect yourself from illegal phoenix activity
2 February 2018
Illegal phoenix activity is when a new company is created to continue the business of an existing company that has been deliberately liquidated to avoid paying its debts, including taxes, creditors and employee entitlements. You can avoid phoenix companies by knowing who you're dealing with.
To protect your business you could:
- confirm the business is registered and its ABN is valid
- obtain a credit check
- ask for references
- get a company report from ASIC
- search the company and its directors online for any adverse media reports
- ask for payment up front or in instalments
- include a clause in your contract requiring the business to have all their taxes paid up-to-date. This creates a contractual right that you can enforce in the event of illegal phoenix activity.
The Phoenix Taskforce provides a whole-of-government approach to support businesses who want to do the right thing and deal firmly with those who choose to engage in illegal phoenix behaviour.
Remember, registered tax agents and BAS agents can help you with tax and super advice.
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