Small Business

If your business owes money to the ATO and you’re worried that liquidation is just around the corner, there is a way forward. The Small Business Restructuring (SBR) process could help save your business, but only if you’re eligible.

At mySBR, we support small and family-run businesses in industries like hospitality, construction, and retail that are under financial pressure — often because of growing ATO debt. We understand the stress that comes with late-night cash flow spreadsheets, supplier calls you don’t want to take, and the fear of losing it all.

This blog clarifies whether your business is eligible for small business restructuring and why timing is more important than you might think.

What Is Small Business Restructuring?

Small business restructuring (SBR) is a formal process that allows struggling businesses to:

  • Stay in control of the day-to-day
  • Get support from a registered small business restructuring practitioner
  • Propose a payment plan to affected creditors (including the ATO)

It’s a practical and affordable alternative to liquidation — designed specifically for small businesses that still have potential but need breathing room to recover.

Click through the form below to find out if your company is eligible, or read on for a full run-down.

Find out if your company is eligible

SBR is designed to empower, not punish. It gives business owners the chance to act early, restructure debt, and move beyond financial pressure without losing control of the company.

Find out if your company is eligible for Small Business Restructuring.

Do your company liabilities exceed $1 million?
Are you up-to-date on your company’s tax lodgements?
Are you up-to-date on your company’s employee entitlements?
Have you previously used the SBR process?
Enter your email address, and a team member from mySBR will contact you and inform you if you are eligible.

All inquiries are confidential

Your company must meet all SBR criteria to begin the process:

Total liabilities under $1 million

Your company's liabilities include ATO debt, supplier invoices, loans and other financial obligations. If you owe more than $1 million (even by a few hundred), you're not eligible.

No recent use of SBR or simplified liquidation

Your business must not have undergone SBR or simplified liquidation in the past seven years.

Director eligibility

Any current director of the company (or anyone who was a director in the last 12 months) must not have used the SBR or simplified liquidation process in another business in the past seven years. There are limited exceptions for related companies with overlapping timing.

Employee entitlements and tax lodgements must be up to date

You don't need to have paid your tax debt, but you must have lodged your BAS, tax returns, and other required documents. Any due employee entitlements (like wages and super) must have been paid.

If you meet all of the above, you’re likely eligible to begin a small business restructuring process. Still unsure? Give our team a call to chat through your questions.

Why It's Important to Act Fast

Waiting too long is the biggest reason eligible businesses miss out on small business restructuring.

ATO debt, interest and penalties can snowball; as of June 2023, small businesses owed the ATO more than $33 billion, and that figure is rising each year. Once your total liabilities go over $1 million, you’re out.

A delay of even a few weeks can impact your eligibility. Waiting until enforcement action has started or until suppliers cut you off can mean that your restructuring window has closed.

That’s why we always advise business owners: if you think your company is eligible, act now before your options disappear.

What Happens Once You Enter Restructuring?

Once you’ve confirmed you’re an eligible company and decide to go ahead:

  1. A registered restructuring practitioner is appointed.
  2. You get 20 business days to prepare and propose a restructuring plan.
  3. Creditors vote on whether to accept the plan.
  4. If accepted, you repay debts over time under legal protection.
  5. If denied, you may need to consider other insolvency options, such as voluntary administration or liquidation.

During this process, unsecured creditors (including the ATO) can’t take enforcement action. Directors remain in charge and continue trading, providing a real opportunity to turn things around without the stigma of going into administration.

The Window of SBR Eligibility

If your business faces ATO debt, unpaid invoices, or supplier pressure, the small business restructuring process could provide the relief you need.

In this article, we’ve clarified what eligibility looks like and why timing is crucial. We’ve addressed the fears around insolvency and explained that SBR isn’t about giving up — it’s about taking action while you still have options.

If you believe your business qualifies, the next step is simple: get advice from a small business restructuring practitioner. They can assess your eligibility, guide you through the process, and help protect your business and personal assets.

At mySBR, every business we’ve worked with has been 100% eligible and 100% compliant with the restructuring requirements. As a division of SALEA Advisory, we work exclusively with small business owners who need practical, fast, and affordable restructuring support.

Book a confidential, no-obligation consultation with our team today to find out if you’re eligible. Let’s take the first step to protecting your future.

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Ready to protect your business?

Take the first step toward a stronger future for your company. Contact us today.

We help small business owners move through short-term financial pressure with a clear plan and practical support — so they can protect what they’ve built and look ahead to a promising future.

Book your free consultation to determine if our Small Business Restructuring services are right for your company.

Email us at [email protected]
or call us at 1800 311 901