Release of ATO Interpretative Decisions on GEERS

On 8 February 2008, the Australian Taxation Office (ATO) released new interpretative decisions on the Superannuation Guarantee Charge and the General Employee Entitlements and Redundancy Scheme (GEERS).

The interpretative decisions provide guidance on how liability for the Superannuation Guarantee Charge will arise in relation to a GEERS advance.

On 5 December 2012, the Fair Entitlements Guarantee Act 2012 commenced, establishing the fair entitlements guarantee (FEG) as a legislative scheme to replace GEERS. GEERS will continue to operate in relation to claims for assistance for unpaid employee entitlements for employer insolvency events that occur before 5 December 2012.

The interpretative decisions are available on the ATO's website at: 2008/25, 2008/26, 2008/27 and 2008/28

Information about GEERS is available on the Department of Employment website at www.employment.gov.au/general-employee-entitlements-and-redundancy-scheme-geers

Information about FEG is available on the Department of Employment website at www.employment.gov.au/fair-entitlements-guarantee-feg

What's new

Insolvency reforms commence on 1 January 2021

Reforms to corporate insolvency laws commence on 1 January 2021 for companies with liabilities less than $1 million.  These reforms include:

-a new debt restructuring process for incorporated businesses

-a new, simplified liquidation pathway for small businesses, and

-a new class of registered liquidator who can only undertake the debt restructuring process.

Corporations Amendment (Corporate Insolvency Reforms) Act 2020

Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020

Insolvency Practice Rules (Corporations) Amendment (Corporate Insolvency Reforms) Rules 2020

 

Industry funding

The Government has introduced new laws that change the way ASIC is funded. Regulated entities will receive an invoice for ASIC’s regulatory services delivered in the prior year. Find out what this means for registered liquidators.

 

Quicklinks

Insolvency Law Reform Act 2016

Releases on insolvency

Liquidator registration applications

Registered liquidator disciplinary decisions

Insolvency statistics

AFSA - ARITA - ASIC joint liaison meetings

 

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Published notices

View insolvency and deregistration notices on the published notices website.

Last updated: 20/10/2014 12:00