hi there i have a 'position letter' from the ATO which they arrived at after 6 months of investigation into the company I am a director of. They have asked that I accept or object or make suggestions to their position within a time frame of 3 weeks. Basically, the ATO want the company to repay some GST ($40k) of claims made that they decided they won't allow. The Company of which I am a director as noted, was billed by me as a consultant of another company, to it for wages not taken over a 4 year period. There is no mention of criminal liability by me, but of me as a director that I 'should have no better' and make some arrangement for the company to repay the GST.
1. As a director of the company the ATO investigated, does the debt fall back on me if I put the company into administration?
2. I am considering declaring the company insolvent and putting into administration as I do not think the company has the ability to survive this debt on top of other debts - will the debt just be treated like any other debt?
3. I am thinking that if I am personally am liable for the debt as a director, that I possibly put myself into personal bankruptcy? Would or could I possibly be found criminally liable for any reason if I did this?
1. As a director of the company the ATO investigated, does the debt fall back on me if I put the company into administration?
2. I am considering declaring the company insolvent and putting into administration as I do not think the company has the ability to survive this debt on top of other debts - will the debt just be treated like any other debt?
3. I am thinking that if I am personally am liable for the debt as a director, that I possibly put myself into personal bankruptcy? Would or could I possibly be found criminally liable for any reason if I did this?
