Illegal phoenix activity involves a business owner creating a new company to continue the business of a company that has been deliberately liquidated to avoid paying its liabilities and taxes.
This report identifies and explains the key indicators of illegal phoenix activity in the labour hire and payroll industry.
While the indicators in this report are specific to labour hire, they are also relevant to businesses that predominantly conduct cash transactions for paying staff and suppliers
Download illegal phoenix activity indicators report (PDF, 321KB)
This guidance sets out how we interpret the Act, along with associated Rules and regulations. Australian courts are ultimately responsible for interpreting these laws and determining if any provisions of these laws are contravened.
The examples and scenarios in this guidance are meant to help explain our interpretation of these laws. They’re not exhaustive or meant to cover every possible scenario.
This guidance provides general information and isn't a substitute for legal advice. This guidance avoids legal language wherever possible and it might include generalisations about the application of the law. Some provisions of the law referred to have exceptions or important qualifications. In most cases your particular circumstances must be taken into account when determining how the law applies to you.