Business loans when you owe the ATO: what actually changes

By Samara Sweeney, Managing Director of Aurelius Capital ·

ATO debt does not disqualify a business from finance. Small business collectable tax debt reached $35.9 billion of the ATO's $54.2 billion total at 30 June 2025, up 118% since 2018–19, so a lender reading your file today has seen this before. What changes is what the lender looks at, how hard they look at it, and which lenders on the panel will still take the deal.

How lenders actually read an ATO debt on your file

A tax debt over $100,000 outstanding for more than 90 days can appear on your business credit file. The ATO has been able to report eligible debts to credit reporting bureaus since 2019, so a lender may see the debt before they see your BAS.

From there, the assessment splits into two conversations.

Debt on an active, maintained payment plan reads as evidence the business is managing the obligation, not ignoring it. Most second-tier banks and specialist working-capital lenders will still write a deal here, factoring the plan into serviceability as a fixed monthly outgoing, the same as a lease or loan repayment.

Debt in default, with no plan or a lapsed one, is where mainstream lenders step back. A lapsed plan signals the ATO could escalate to garnishee notices or a director penalty notice, and no lender wants exposure sitting behind that risk. These deals usually move to a specialist cashflow lender who prices for the risk instead of declining outright. Our breakdown of the six categories of business lender in Australia covers where each type sits in that risk curve.

What actually moves the decision

Four things move the outcome more than the raw debt figure:

  • Debt-to-revenue ratio. A $40,000 debt against $2M annual turnover reads as noise. The same $40,000 against $250,000 turnover is a serviceability problem.
  • How the debt arose. A one-off GST liability from a large invoice batch reads differently to years of unpaid PAYG withholding. Lenders ask, and the honest answer matters more than the number.
  • Trading history either side of the debt. Six months of clean statements after the debt was raised tells a different story to statements showing the same shortfall every quarter.
  • DPN status. A director penalty notice moves the deal from "manage the debt" to "resolve it now."

ATO payment plan vs a cashflow facility: the real cost comparison

An ATO payment plan is not free money. The general interest charge (GIC) on unpaid tax currently runs at 11.43% per annum for the quarter to 30 September 2026, calculated daily and compounding on the outstanding balance. Since 1 July 2025, GIC can no longer be claimed as a tax deduction, which raises the real cost of carrying the debt for every business paying it.

Take a $120,000 debt paid down evenly over 24 months on an ATO plan. With the balance declining from $120,000 to zero, average exposure sits around $60,000. At 11.43% GIC, that adds roughly $13,700 in interest across the life of the plan, on top of the $120,000 owed, none of it deductible.

A working-capital facility clearing the same debt in six to nine months changes two things: the exposure window shrinks, and the GIC clock stops the day the ATO is paid out. Whether that facility beats the payment plan on total cost depends on its rate and fee structure against that shortened window, not on the headline rate alone. Run that comparison properly once quotes are in hand, using our guide to working out the true cost of a business loan.

The case for the facility strengthens when the debt is large against turnover, when a DPN is close, or when the business needs the ATO relationship reset to negotiate future terms. The case for staying on the plan strengthens when the pressure is genuinely short-term and the plan is affordable against current trading.

When a director penalty notice changes the calculus

The ATO issued more than 84,000 director penalty notices in the 2024–25 financial year, up 136% on the year before. A DPN makes company directors personally liable for PAYG withholding, superannuation guarantee charge, and GST debts that would otherwise sit with the company alone.

On a non-lockdown DPN, a director has 21 days from the notice date to pay the debt in full, place the company into voluntary administration, or appoint a small business restructuring practitioner, before personal liability locks in. That 21-day window is often why a working-capital facility beats renegotiating a plan from scratch: it can clear the underlying debt inside the window in a way a fresh ATO negotiation usually cannot.

What we assess before approaching a lender

Before Aurelius Capital takes an ATO debt deal to a lender panel, we map three things: the plan status (active, lapsed, or none), the DPN position, and the debt against trailing 12-month revenue. That determines whether the deal sits with a mainstream bank, a second-tier lender, or a specialist cashflow lender, and it shapes how the application gets framed. A deal presented as "$40,000 GST debt, six months clean trading since, active plan maintained" gets a different read to the same figure presented cold.

If the ATO debt is part of a broader cashflow gap rather than an isolated event, a working-capital facility structured against revenue, not just the debt figure, usually does more for the business than clearing the ATO alone. Our guide to working capital finance options in Australia covers the shapes these facilities take.

Next step

If you owe the ATO and want a broker's read on whether a facility beats your current plan, and which lenders on the panel will actually take the deal, the application form is the fastest way to get that read. Most enquiries get a response within four business hours.

Sources

Frequently asked questions.

Yes, in most cases. Lenders assess whether the debt is on an active, maintained payment plan, how large it is against monthly revenue, and whether a director penalty notice has been issued, rather than declining automatically for having tax debt.

It can. The ATO has been able to report tax debts over $100,000 outstanding for more than 90 days to credit reporting bureaus since 2019, so lenders may see the debt before they see your BAS.

It depends on the facility's rate and fees against how much faster it clears the debt. GIC currently runs at 11.43% per annum, compounds daily, and is no longer tax deductible, so a shorter facility term can outweigh a higher headline rate.

A DPN makes company directors personally liable for unpaid PAYG, superannuation guarantee charge, or GST debts. On a non-lockdown DPN, directors have 21 days to pay in full, restructure, or appoint an administrator before personal liability locks in.

Mainstream banks generally step back once a payment plan has lapsed or a DPN is close, so these deals typically move to second-tier banks or specialist cashflow lenders who price for the risk rather than declining outright.

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