In recent times, the economic landscape has been fraught with uncertainties, particularly for small businesses facing cash flow constraints and mounting debts. Amidst this backdrop, the Small Business Restructuring (SBR) regime has emerged as a beacon of hope, offering a lifeline to companies grappling with financial distress. In this article, we delve into a compelling case study that underscores the effectiveness of the SBR process in helping a building company overcome its challenges and chart a path to financial recovery.
The backdrop of our story is a building company that, despite a promising trajectory with good projects and forecasts, found itself ensnared in a web of financial difficulties exacerbated by the COVID-19 pandemic. Fixed-price contracts and supply chain disruptions led to cash flow issues, causing taxation liabilities to snowball, with the Australian Taxation Office (ATO) looming as the largest creditor. Faced with mounting debts and stringent repayment demands, the company sought a viable solution to stabilize its finances and safeguard its operations.
After discussion with the client, the following key points were identified:
A small amount of Superannuation was outstanding
Suppliers were generally within trading terms, or current month.
The ATO GST and PAYG liabilities of approximately $600,000, with the ATO wanting a 2 year payment plan ($25,000 per month).
The Company was due to report their MFR to the QBCC, which they were going to struggle to meet.
The Director had some personal funds which could be used towards the process.
At this time, a summary of the unsecured debts were are follows:
ATO debt = $600,000.00
Suppliers = $45,000.00
Total unsecured creditors = $645,000.00
Enter the Small Business Restructuring regime—a structured process wherein a Small Business Restructuring Practitioner is appointed to guide the company through its financial reorganization. Working closely with the company and its accountants, our team embarked on a journey to navigate the complexities of the SBR process and craft a compelling proposal to present to creditors.
Key to our process is meticulous preparation, understanding the client's needs, and addressing potential issues proactively prior to commencing the SBR. With outstanding superannuation cleared and necessary information collated, we appointed the restructuring practitioner, who had 20 business days to issue a report to creditors.
Throughout this period, we served as intermediaries, liaising between the Client and the restructuring practitioner to ensure smooth operations and mitigate any challenges that arose. Allowing the Client to focus on the day to day operations of the business, knowing the SBR process was under control
The heart of the SBR process lies in presenting a compelling proposal to creditors, particularly the ATO, whose acceptance is often pivotal to the success of the restructuring. Through careful consideration and collaboration with the Client, we crafted a proposal that offered a pathway to financial recovery for the Company, while addressing providing a stronger creditors than the alternative of liquidation. In this instance the SBR proposal was $135,000, paid via $45,000 upfront, then 24 equal monthly payments.