Insolvency by the Numbers: NZ Insolvency Statistics June 2024

In our 43rd Insolvency by the Numbers, we look at our data set for June 2024. We review how the month has tracked compared to prior months and years.

We once again await the Reserve Banks latest announcement around the OCR in July 2024 to see if there will be any signal of change in when the rates may drop. The consensus appears to be that there will be no change till 2025 and no signalling otherwise. There are however murmurs that when the rates begin to drop they will be dropping quickly, time will tell how this plays out.

Business confidence is reaching new lows, this includes the expectation to hire new workers in the coming year along with the prospect of making capital investments into the business.

From an inflation standpoint we await the June quarter figures, which still take far too long to come out after the quarter has ended at 6+ weeks. We have seen reductions in the Auckland fuel tax, and the adjustment to the personal income tax bands at the end of July may have some effect on inflation.

Centrix data showed 474,000 people were behind on their payments in May, amounting to 12.64 percent of the credit active population, we expect this to start flowing through to bankruptcy and other personal insolvency options in the coming months.

The housing market continues to cool as we enter the winter months, with buyers in less of a rush as they appear be in a buyers’ market holding the power as prices begin to creep down.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

June 2024 continues with the elevated levels seen compared to the last 6 years, as you can see above the 2024 line continues to follow the overall monthly ups and downs and appointments are by no means rocketing off into the sunset. The expected June drop from our end of financial year highs arrived as expected when combined with winding up applications data we expect the trends from prior years to level out through the rest of the year before dropping off in December.

Insolvency practitioners are definitely busier than they have been the last few years, evident as teams gear up and we begin to see job listings for new insolvency roles in firms.

Overall total insolvencies for the year remain high, and are in line with the 2015/2016 figures, as we came down from the highs of the GFC. Month on month June had 224 total appointments, 71 appointments above the long term average of 153 and well above past Junes (2023: 189, 2022: 99, 2021: 154, 2020: 144). We expect that these higher insolvency appointment levels will continue into 2025 given the back log of debt currently sitting with the IRD and other creditors.

For June shareholder resolution insolvent liquidations remained high while we saw a decrease in solvent liquidations down to 6% from the long term average of 15%. The spike in Voluntary Administrations and Receiverships dropped off somewhat but remained elevated since increasing from March onwards. As mentioned in prior months we have seen a rise in personal receiverships by 3rd and 4th tier lenders in attempts to recover their bad debts that were lent out in the good times and are now in default, demonstrating the hazards of providing personal guarantees on corporate lending.

We expect increases across all types of appointments to continue throughout 2024 and into 2025.

Winding Up Applications

It looks like the early peak in February may have come back to bite as we see a drop in our traditionally higher months of June/July when typically, creditor recovery action is in full swing. This drop off was not just from one class of creditor with both the IRD and commercial creditors falling off in the numbers of applications that were made.

Even with the above drop we remain for the year to date above the last 4 years figures having 504 total applications. The calendar year to June in prior years saw 122 in 2020 , 343 in 2021, 228 in 2022 and 426 in 2023. To show this increase in 2024, we are half way through the year and are above to total year winding up applications seen in 2020 (239) and will exceed 2021 in July (562)

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

The slight increase seen in April personal insolvency figures has continued its slow climb in May. This rise is almost entirely driven by bankruptcy figures with 73 in May, the split between debtor and creditor petition remaining consistent on earlier months with a 40 debtor / 33 creditor split.

As outlined above Centrix data shows for the month of May 474,000 people were behind on their payments and as we have previously mentioned we expect that numbers will continue to increase slowly as job losses, high interest rates and cost of living continues to pressure people over 2024 and 2025.

Where to from here?

Like last month the signs continue to point to the NZ economy being in for continued pain for the foreseeable future, it is likely to get worse before it gets better. We foresee continued rising appointments when compared to prior years. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

In our 42^nd Insolvency by the Numbers, we look at our data set for May 2024. We review how the month has tracked compared to prior months and years.

In the last month the Reserve Bank has continued with no change to the OCR and indicated not to expect any reductions until 2025.

We are now beginning to see a further tightening being covered in certain sectors particularly construction where new work has become scarce and those that are not busy finishing off existing projects are beginning to look to the renovation space.

 The government has released their latest budget showing cuts to a number of ministry’s and projects that are not deemed essential, there has also been some tax relief in the moving of the personal income tax brackets. How these budget changes will affect our stubborn non-tradable inflation is yet to be seen.

 Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

 May 2024 appears to have fallen back into the traditional corporate insolvency patterns we have seen in prior years just at slightly elevated levels over past years. On this basis we would normally see a drop in June but the appointment levels remain consistently higher than the last 6+ years.

Overall total insolvencies for the year remain high, almost double the appointments seen as recently as 2022. Month on month May had 238 total appointments 83 above the long term average of 150 and well above past Mays (2023: 158, 2022: 138, 2021: 151, 2020: 158). We expect that these higher insolvency appointment levels will continue into 2025 given the back log of debts currently sitting with the IRD and other creditors.

For May shareholder appointments increased and there was a decrease in court appointments as a comparative percentage. There was also a spike in Voluntary Administrations and Receiverships due to group appointments. As mentioned in prior months we have also seen a rise in personal receiverships by 3^rd and 4^th tier lenders in attempts to recover their debts (not recorded in the above corporate appointment figures)

We expect increases across all types of appointments to continue throughout 2024 and into 2025.

 Winding Up Applications

 We have now seen 3 months in a row of consistent applications just under the 100 marks being made driven largely by IRD and their recovery efforts. While the winding up applications are normally driven by those made in the Auckland High Court making up 2/3^rds of the total applications, May saw other courts around the country take up a larger share for the month making up around 50% of the applications, a sign that the regions outside of Auckland are also beginning to get their share of insolvency pressures.

 Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

 We can see a slight increase in April personal insolvency figures driven largely by bankruptcy applications but not a huge change over all. As outlined in the past I would expect that numbers will continue to increase slowly as job losses, increasing interest rates and cost of living continues to pressure people over 2024 and 2025.

 Where to from here?

Much like last month the signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments when compared to prior years. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

 If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Many construction companies are facing tough times in the current economic climate. The cost of living and interest rates are creating concern.  Managing cashflow and profitability during the uncertainties of long term projects can be an ongoing challenge for many companies. An equally important challenge is knowing when it’s time to get advice on whether your company can survive or not.

In April 2024 Centrix reported the highest number of liquidations in nine years with construction companies leading the way.  March 2024 liquidations included 56 construction companies.  Centrix reported 486 construction company liquidations during the financial year ended 31 March 2024, compared to 415 in March 2023 and 262 in March 2022.

Construction companies often fail more than those in other industries during economic downturns or recessions due to several inherent vulnerabilities. Firstly, construction projects are typically capital-intensive and highly dependent on financing, which becomes scarce and more expensive during economic downturns. Secondly, construction companies face long project timelines with fixed costs but variable revenues, making them susceptible to cash flow issues when demand decreases. Thirdly, the industry is highly cyclical, closely tied to economic conditions and consumer confidence; when a recession hits, both residential and commercial construction projects are among the first to be postponed or cancelled.

Additionally, construction firms often operate on thin margins, leaving little buffer to absorb financial shocks. The combination of these factors—high fixed costs, dependency on external financing, project delays, and narrow profit margins—exposes construction companies to greater financial risk, leading to a higher rate of failure during economic downturns compared to companies in more stable industries.

If you are concerned about the state of your company then early action is critical. Taking steps to ensure your company remains financially sound will minimise the risk of an insolvent trading action. It may also improve your company’s performance.

The Inland Revenue have issued a warning on non compliance in the sector and advised of the consequences.  They have advised that tax debt is high in the construction sector and 40,000 companies have overdue debt, returns or both and can expect to be followed up.  A particular focus is on cash jobs.

Many people are unaware that there are serious penalties and consequences of insolvent trading including civil penalties and criminal charges. Insolvency can be established by either of the Cashflow or Balance Sheet tests. The company only needs to fail one of these tests to be insolvent.

The Cashflow test is simply whether the company can pay its debts when they fall due. The Balance Sheet test is whether the company's assets exceed its liabilities (including contingent liabilities).

As a director, you need to be aware of your options so that you can make informed decisions about your company’s future. If your company is insolvent you must not incur further debt in the name of the company or you could be made personally liable for that debt.

Options can include refinancing or capital injection, sale of assets, and restructuring or changing company activities. A further option is to enter into a company compromise with creditors whereby debt (in part or full) will be repaid over an agreed period of time. We regularly arrange such Compromises.

Sadly, the matter is often left too late and the only options left are to appoint a voluntary administrator, receiver or liquidator.

The best scenario is to avoid a crisis in the first place by seeking independent expert advice in respect of your duties and the options available.

If you are concerned that your construction company may be insolvent please contact one of our team at McDonald Vague to discuss your options.

In our 41st Insolvency by the Numbers, we look at our data set for April 2024. We review how the month has tracked compared to prior months and years.

In the last month we have seen the latest release of unemployment data showing a rise to 4.3% for the March 2024 quarter, with expectation that it may continue to increase. We have seen a decrease in inflation driven largely by tradeable inflation, meanwhile the non-tradeable inflation continues to remain high, showing we still have some work to do to get over inflation in NZ.

The Reserve Bank has continued with no change to the OCR during the month with the next announcement due in May 2024 hoping to shed some light on when there will be a reduction, economists have revised their estimates to late 2024 or early 2025.

Anecdotally the uptake seen in media enquiries into new appointments has continued, leading to with steady coverage in local and regional news media of the variety of appointments being taken by insolvency practitioners with special emphasis on the number and quantum of creditors left out of pocket.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

While April 2024 insolvency appointments saw a drop in March hights we have continued the trend seen so far this year being up on past years. Total appointments for the month were 193. April 2024 is 25% up on the long-term average of 148 monthly appointments.

2024 continues showing strong appointment figures well exceeding the last 7 years for the cumulative total of the 4 months to date. As predicted April figures were up again. It definitely highlights the steady drop seen up to 2022 and the quick resurgence in insolvency work that has taken place this year to date and in 2023.

As a percentage spread compared to the average, we have seen solvent liquidations take a drop down 7% in April to 8% while insolvent shareholder appointments and receiverships have increased comparatively.

We expect increases across all types of appointments to continue throughout 2024 and into 2025.

Winding Up Applications

April 2024, the trend continued with 88 applications, marking a slight increase from the previous year but still reflecting a robust level of activity compared to pandemic times which saw 10 applications during that first lockdown. Among these, 38 were attributed to company winding-ups, while 50 were linked to proceedings initiated by the Inland Revenue Department (IRD).

It has now been 13 months since the IRD advertised less winding up applications than every other non-creditor combined. The IRD continues its drive to collect the current level of arrears from delinquent debtors. This will likely be ongoing for several years as they work through a steady backlog.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

In February 2024, there were 38 bankruptcy filings, 34 no asset procedures, and 6 debt repayment orders, totalling 78. Personal insolvency figures remain stagnant as seen over the past few years. We expect that we will not see a significant rise in personal insolvency till into the 2nd half of 2024. Notably you can see in the above graph how they have historically tracked corporate insolvency appointments, this trend has changed in the last 6 months with a large difference in the last 2.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments when compared to prior years months as the year progresses. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

In our 40th Insolvency by the Numbers, we look at our data set for March 2024. We review at how the month has tracked compared to prior months and years.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

March 2024 insolvency appointments continue the trend seen last month being notably up in March 2023. Total appointments for the month were 291, this is 26% higher than 2023 and almost double each of the years back to 2019. March 2024 is 144 appointments above the long-term average of 147 monthly appointments.

2024 continues showing strong appointment figures exceeding the last 7 years for the cumulative total of the 3 months to date. As predicted March figures were up and we expect that they will be revised higher in our next article as late advertisers continue to come in over April, this occurs every year especially around solvent appointments.

We continue to see an increase in enquiries as we enter the 2nd quarter of the year. This continues to be a combination of formal insolvency appointments and informal insolvency advice and work outs.

As a percentage spread compared to the average, we have seen solvent liquidations in line with previous March figures. As a percentage, appointment types were in line with the long-term average with slight rises in Voluntary Administrations and Receiverships appointments driven largely by 2 large group appointments of each type.

We expect increase in appointment numbers detailed above to continue throughout 2024.

Winding Up Applications

March 2024 saw a significant flux, with a total of 85 winding-up applications tallied. Among these, 33 were attributed to company winding-ups, while 52 were linked to proceedings initiated by the Inland Revenue Department (IRD). This data signifies a noticeable increase compared to March 2023, which recorded 56 total applications.

It has now been 12 month since the IRD advertised less winding up applications than every other non-creditor combined. The IRD continues its drive to collect the current level of arrears from delinquent debtors.

This marks a notable escalation from March 2023, which saw 56 applications in total. While there has been a drop away from February’s highs this is in line with past years but was also likely the result of the easter long weekend falling into March of this year rather than April as it has in past years allowing for less advertising days in the month.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

In February 2024, there were 58 bankruptcy filings, 34 no asset procedures, and 7 debt repayment orders, totalling 99. Personal insolvency figures remain stagnant as seen over the past few years. We expect that we will not see a significant rise in personal insolvency till into the 2nd half of 2024.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments when compared to prior years months as the year progresses. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

In our 39th Insolvency by the Numbers, we look at our data set for February 2024. We review at how the month has tracked compared to prior months and years.

Notable economic events for the month include the Reserve Bank keeping the Official Cash Rate level at 5.5 percent with no change to when we may begin seeing a drop in the rate in 2025. Economists are of the opinion that drops will be sooner than this in the later half of 2024.

The coalition government has come to the end of its first 100 days, having enacted the bulk of their 49 points they set out to implement. While the bulk of these were undoing legislation and changes made by the last labour government we expect that the plan they implement moving forward will likely have some impact on the wider economy rather than undoing the past governments policies.

The housing market however appears to be plateauing as we move away from the summer season and into winter, this is likely the result of continuing higher interest rates above the lower rates experienced over the 2020/2021 calendar years as monetary easing was occurring.

Centrix, a credit reporting agency, has reported in their latest figures that there are currently 450,000+ individuals in arrears with their bills. This is 40,000 up on the prior month and the highest numbers since 2017. With a population over the age of 18 around 4 million people, this puts 1 in 8 people over the age of 18 in arrears with their accounts.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

February 2024 insolvency appointments saw a jump on previous February’s coming in at 195 appointments 50% higher than each of the last 3 years on average. It was also 52 appointments above the long term average of 143 monthly appointments.

Compared to the first two months of the last 7 years we can see that the year has started strongly with a reasonable January and strong February putting the two monthly total above the last 3 years and in line with 2020 before covid lockdowns were implemented and appointments dried up. We are expecting this to continue into March as historically March posts 25% - 50% more appointment that seen in February, in large part driven by solvent appointments and stakeholders trying to wind matters up before the end of the financial year so they can have a “fresh start”.

Anecdotally we have seen an increase in enquiries into the new year. Interestingly this has been a combination of traditional formal appointments and informal insolvency advice and work outs.

As a percentage spread compared to the average, we have seen less solvent liquidations than the usual average of 22%, February saw them as low as 8% of the total appointments as seen in the below pie chart. Insolvent shareholder appointment liquidations was right on the 50% average while court appointments came in 11% above the long term average of 25%.

This change in percentage spread is likely the result of an increase in creditor pressure and creditor driven liquidation appointments as seen in the below winding up appointments, coupled with tighter economic conditions reducing the number of companies ending up with the cash to distribute to shareholders through a solvent liquidation. We expect this trend to continue throughout 2024.

Of interest the Official Assignee continues to receive more liquidation appointments when compared to any other insolvency firm/entity, as it has continued to do so most of 2023 when the courts are open. Noticeably in February 2024 the Official Assignee received 46 appointment with 45 of these coming by way of the High Court. Of the 45 appointment 39 were on the application of IRD.

Across NZ Licenced Insolvency Practitioners operate out of 56 insolvency practices. In the 2023 calendar year 42 of those 56 insolvency practices took less than the 46 appointments for the whole year, while the Official Assignee took 46 in only one month.

Winding Up Applications

Exploring the winding up applications data, with a focus on February figures, unveils intriguing insights into the state of insolvency in New Zealand. February 2024 witnessed a significant surge, with a total of 108 winding up applications recorded. Among these, 53 were non IRD creditor winding up applications, while 55 were attributed to the IRD and their continued collections push. Historically IRD has started the year behind non IRD creditors in the total winding up application filed with the High Courts, however with the current level of arrears they are attempting to recover and their tough stance against delinquent debtors this puts the IRD on an 11 month continuous run where they have filed more applications each month than non IRD creditors.

This marks a notable escalation from February 2023, which saw 64 applications in total. While we did have one additional day in February 2024 being a leap year we do not believe that this is the reason for the huge leap in applications greater than anything seen in the last few years. It is more than likely a combination of creditors needing debtor recoveries to assist with cashflow in their own business and losing patience with debtors so escalating matters through winding up proceedings, from the IRD perspective they have a long debtor list that requires collection.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

In January 2024, there were 25 bankruptcy filings, 21 no asset procedures, and 9 debt repayment orders, totalling 55. January has traditionally been one of the lower months for personal insolvency following the Christmas break and people still being on holiday and ignoring their financial issues. January 2024 has continued the low personal insolvency figures shown throughout 2023 and 2022.

As outlined above while there are 450,000+ individuals with accounts in arrears whether this translates to personal insolvency appointment only time will tell. We expect that we will not see a significant rise till into the 2nd half of 2024.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments as the year progresses. The OCR is unlikely to be dropped in the next 6 months potentially 1 year and inflation continues to be above the target of 2% and may be for some years with non-tradable inflation refusing to come under control.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

In our 38th Insolvency by the Numbers, we look at our data set for the year end 2023 in review along with January 2024. We look at how the year has tracked compared to prior years and what to we can expect in 2024, followed by a look at how January 2024 has compared to the last few years.

The latest data release shows that inflation has fallen however the portion of it generated by non-tradeable inflation figures remains high. Economists are predicting that it is unlikely that we will see an official cash rate drop till the later part of the year with come commentators still expecting the first drop in 2025. The property market however has now stabilised in a lot of regions and in some regions begun a slow climb in prices.

Globally during January, we have seen both the S&P500 & Dow Jones hitting new highs, we have also seen the release of a number of Bitcoin ETF’s in January that have taken in large amounts of investor capital.

Company Insolvencies – Liquidations, Receiverships, and Voluntary Administrations

While December 2023 took a slight dive from the figures posted throughout the year January has started slightly above its historic levels back to 2019. As seen below however 2024’s January is still behind 2017 & 2018.

As expected with the courts closed there were no creditor appointments in Jan 2024. It did not however slow the number of winding up applications as detailed below. Of interest solvent liquidations were below the numbers seen in past January’s while receiverships were up on past years, the bulk of the appointments were insolvent shareholder appointments as shareholders began to ffel the increasing pressures and have decided to pull the pin.

Anecdotally we have seen an increase in enquiries into the new year. Interestingly this has been a combination of traditional formal appointments and informal insolvency advice and work outs.

As predicted in our November insolvency articles, 2023 beat out all years back to 2018 for total appointments. So for the first time following the Covid lockdowns and Government support payments insolvency figures have finally grown year on year.

Winding Up Applications

In January, there has been a noticeable variation in the total number of winding up applications compared to past Januarys. In January 2021, there were 28 creditor winding up applications and 22 being IRD winding up applications. January 2022 showed a decrease, with 18 total applications, including 13 company winding up applications and 5 IRD winding up applications. However, January 2023 experienced an increase, with 56 applications, consisting of 34 company winding up applications and 22 IRD winding up applications.

The big take away here being that for the first time in the last 4 years IRD has made more creditor winding up applications in January than all other creditors combined for the first time. A definite sign that they are continuing to keep the pressure on delinquent debtors.

When considering the total data for 2023 compared to previous years, the cumulative number of winding up applications has shown a continuous increase. This upward trend underscores the ongoing financial challenges faced by companies over time, leading to a rise in the number of winding up procedures initiated.

Personal Insolvencies – Bankruptcy, No Asset Procedure and Debt Repayment Orders.

In December 2023, there were 45 bankruptcy filings, 32 no asset procedures, and 17 debt repayment orders, totalling 94. This continues the low personal insolvency figures shown throughout 2023. Whether this will turn around in 2024 won’t show in the figures till February onwards. My expectation however is that the figures will continue to be low compared to past years.

Where to from here?

The signs continue to point to the NZ economy being in for continued pain for the foreseeable future with it likely to get worse before it gets better, we foresee continued rising appointments as the year progresses. The OCR is unlikely to be dropped in the next 6 months and inflation continues to be above the target of 2%.

If you want to have a chat about any points raised or an issue you may have you can call on 0800 30 30 34 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Many NZ companies are currently affected by cash flow issues and are facing insolvency. To be insolvent means one of two things:

• Debts can’t be paid when they’re due.
• Total debt is more than the value of all assets.

The Commissioner of Inland Revenue ("CIR") will take debt recovery action where debts are in arrears. The CIR is able to issue a statutory demand as a step necessary to advance a proceeding against a company. 

Ignorance Isn't Bliss

It is recommended for any business struggling to meet tax arrears that negotiations are entered into promptly to avoid a potential winding up proceeding.

Taxpayers are required to pay their tax in full and on time. Failure to do so leads to late payment penalties and interest. These charges compensate the Commissioner for the loss of use of the money and act as a deterrent to encourage taxpayers to pay the correct amount of tax on time.

If your company receives an IRD formal demand, doing nothing really isn’t an option. Inaction will limit your options and virtually guarantees insolvency. You can also be held personally liable for failing to pay PAYE.

In certain situations the Commissioner may be able to provide assistance to taxpayers if they are not able to pay on time, or if the imposition of penalties and/or interest is not appropriate. Depending on the circumstances the Commissioner may also agree to write off or remit amounts owing (so they do not need to be paid), or agree that the taxpayer enters into an instalment arrangement (so the amount is paid over time rather than immediately).

The IRD seek open communication and are more willing to consider instalment arrangements when directors have been upfront from the start. Company directors that bury their heads in the sand and have no plans in place may face less leniency and liquidation proceedings.

The IRD can find directors liable for their company’s tax under general insolvency law. The law also says if a company agreement purposefully leaves it unable to pay a foreseeable tax liability, a director can be personally liable.

In the first instance the IRD will try for a settlement. This is your chance to negotiate terms and arrive at a compromise that allows you to stay in business while the IRD claims their tax. If you can reach a repayment agreement, the IRD won’t take the matter further.

If you’re unable to reach a compromise, the IRD will issue a formal demand, followed by a statutory demand and then issue an application for putting the company into liquidation (winding up proceeding) if you don’t settle the demand. If you do nothing the company will be placed into liquidation by the High Court.

The first step is to make contact, complete a 12 month forecast (IR591) recording what you can afford to pay and discuss the options.

Relief Options

The IRD offer relief options for companies with viable businesses.  

Financial relief can be granted when a taxpayer cannot meet their payment obligations. The process to apply for financial relief or an instalment option is here.

The Commissioner is open to instalment arrangements towards tax arrears. Splitting up what you owe over weekly or fortnightly payments can make it easier to repay your tax debt.

The CIR may agree to collect the amounts owing over a period of time through an instalment arrangement, or to not collect the amount owing (that is, write off the amount), or a combination of the two options (that is, write off some of the debt and enter into an instalment arrangement for the remainder). An amount may be written off if collecting it would place the taxpayer in “serious hardship”.

Where an amount is considered irrecoverable, the Commissioner has the discretion to write it off. The Commissioner may write off amounts if collecting the amounts owing is considered to be an inefficient use of Inland Revenue’s resources.

Certain penalties may be remitted when an event or circumstance has occurred which is beyond the taxpayer’s control.

Interest or certain penalties may be remitted if to do so is consistent with the Commissioner’s duty to collect the highest net revenue over time.

Voluntary Liquidation

One possibility for meeting the IRD formal demand is voluntary liquidation. This gives the director and shareholders a small element of control over liquidation proceedings. If liquidation is inevitable then the opportunity to voluntarily appoint a liquidator is usually required within 10 working days of the winding up proceeding being served so acting promptly following the statutory demand (or earlier) is advised.  Waiting until the service of the winding up proceeding is not a good idea and limits your options.

If you do nothing or you can’t reach a settlement, the IRD can apply for their preferred liquidator or Official Assignee and manage your affairs and liquidate your company. In this instance the Court will appoint the IRD’s liquidator. As company director you have less control over the process and must cooperate with the Court appointed liquidator or Official Assignee at all times.

Deciding between involuntary and voluntary liquidation may not seem like much of a choice. Appointing a licensed insolvency practitioner that you believe understands you, your business and your industry, and who can consider your interests while satisfying the IRD’s demands provides more certainty of the likely outcomes. For example, with the liquidators approval, you may be able to be involved to help achieve better outcomes for your creditors and in doing so, you may reduce your own personal exposure from personal guarantees.  Your liquidator can apply specialist skills to remove some of the sting from this traumatic process.  Acting cooperatively with the liquidator is good advice.  If you would like more advice from experienced insolvency practitioners contact our team.

Statutory and formal IRD demands are outside threats to your business. There are just as many risks that can come from within, so how do you protect your business from those?

If your company is experiencing financial difficulty, download our free guide for NZ Companies to discover your different options.

WHAT SHOULD YOU BE CONSIDERING NOW?

1. Consider the risks of trading insolvently and how directors can be held personally liable.
2. Negotiate an instalment plan with IRD for historic arrears and have a plan in place. The Inland Revenue have pressure to maximise the recovery for the Commissioner under the Tax Administration Act. They are willing to work with companies that communicate early on and this can save further interest/penalties.
3. Assess the viability of the business and its future. Prepare a cashflow forecast.
4. Where cashflow is an issue, consider compromises with creditors leading to some debt forgiveness and time payment arrangements or voluntary administration.

If the company has lost too much and the prospects are that the company has minimal ability to repay creditors nor has a financial source to fall back on to offer a better position than what liquidation holds, then liquidation sooner may be the better option. Continuing to trade with knowledge of insolvency is a risk for the directors.

WE ARE HERE TO HELP
Our team are happy to discuss the options available for struggling companies and how to manage personal guarantees and personal exposure. Contact This email address is being protected from spambots. You need JavaScript enabled to view it.

If your company needs some advice on the restructuring options or is likely facing the prospect of liquidation, we are happy to advise on the process and consequences.

The start of the year can be a challenging time for many business owners, especially after the extended break over the Christmas and New Year period. The pressure is compounded by the need to settle various financial obligations, from employee holiday pay to tax payments.

Many businesses are facing the strain from having paid employees holiday pay entitlements, a period where income has not been generated due to closure and then obligations such as November GST due 15 January, Paye due on 22 January, Oct to Dec FBT due on 22 January, provisional tax due on 15 January and for the larger employers more PAYE due on 5th of February. Some are now struggling with the reality that these obligations are overdue.

Managing cash flow during this period is critical, and proactive steps can make a significant difference. We explore strategies to handle the cash crunch, options for arranging instalment plans with Inland Revenue, and the point at which seeking professional advice from a Licensed Insolvency Practitioner becomes necessary.

1. Assess Your Cash Flow: Begin by conducting a thorough assessment of your cash flow. Understand your current financial position, taking into account outstanding invoices, upcoming expenses, and the various tax obligations due in January and February. This knowledge forms the basis for creating a realistic plan to navigate through the financial challenges.

2. Prioritize Expenses: Identify and prioritize essential expenses. This may involve distinguishing between critical operational costs and discretionary spending. By focusing on what's necessary for day-to-day operations, you can allocate funds strategically and ensure that vital aspects of your business are not compromised.

3. Communicate with Creditors: Open and honest communication with creditors is key. If you foresee difficulties meeting payment deadlines, approach your creditors early to discuss your situation. Some may be willing to negotiate payment terms or provide temporary relief. Establishing transparent communication builds trust and can lead to more favourable arrangements.

4. Explore Inland Revenue Instalment Plans: Inland Revenue understands the challenges businesses face, especially during the post-holiday period. If you're struggling to meet your tax obligations, consider reaching out to them to discuss instalment plans. Inland Revenue is often open to working with businesses to find a manageable repayment schedule.

5. Seek Professional Financial Advice: For some businesses, the financial strain may become overwhelming, and navigating complex tax obligations may seem daunting. In such cases, seeking professional financial advice is crucial. Engage with a financial advisor who can provide personalized guidance tailored to your business's unique circumstances.

6. When to Contact a Licensed Insolvency Practitioner: If your financial situation continues to worsen, and you find it impossible to meet your obligations, it may be time to consult a Licensed Insolvency Practitioner. Insolvency specialists can assess your business's viability, explore restructuring options, or guide you through the insolvency process if necessary. Early intervention increases the likelihood of finding a viable solution and reduces the prospects of being held liable for trading insolvently.

Starting the year on a financially sound note is essential for the success of any business. By proactively managing cash flow, communicating with creditors, and exploring available options with Inland Revenue, business owners can navigate the post-holiday cash crunch successfully. When faced with insurmountable challenges, seeking professional advice from a Licensed Insolvency Practitioner is a responsible and strategic decision to protect the long-term interests of your business. Remember, there are resources and professionals available to help you weather the storm and emerge stronger on the other side. Contact This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

The impacts of global unrest and overseas bank failures can have various implications for businesses in New Zealand:

1. Financial Instability:
• Market Volatility: Global unrest can lead to financial market volatility, impacting investment portfolios and affecting businesses relying on international trade.
• Credit Availability: Overseas bank failures or financial crises may tighten credit availability, affecting businesses seeking loans or lines of credit from international financial institutions.
• Exchange Rate Fluctuations: Currency fluctuations due to global instability can impact import/export businesses, affecting profit margins and pricing strategies.

2. Supply Chain Disruptions:
• Dependency on Imports: New Zealand businesses reliant on imports may face challenges due to disruptions in global supply chains, leading to delays in raw materials or finished goods.
• Export Market Instability: Instability in international markets could reduce demand for New Zealand exports, affecting sales and revenue streams.

3. Economic Impact:
• Decreased Consumer Confidence: Global uncertainties can lead to reduced consumer confidence, impacting spending habits and local businesses' sales.
• Investment Climate: Uncertainty may lead to a cautious investment climate, affecting local businesses seeking foreign investments or partnerships.

4. Financial Security and Risk Management:
• Risk Mitigation: Businesses need to review their risk management strategies, diversify suppliers, and explore hedging options to mitigate currency and market risks.
• Reviewing Banking Relationships: Assessing banking relationships and considering local banking options for stability and security in case of global banking uncertainties.

5. Regulatory Changes:
• Impact on Regulations: International financial crises may prompt changes in global financial regulations, which could indirectly impact New Zealand businesses, especially those operating internationally.

6. Government Interventions:
• Policy Changes: Government interventions or policy adjustments may occur to counteract the effects of global instability, affecting businesses through changes in taxation, trade policies, or economic stimulus packages.

In summary, global unrest and overseas bank failures can create ripple effects on New Zealand businesses through financial instability, supply chain disruptions, economic impacts, and changes in regulations. To mitigate these effects, businesses should focus on diversification, risk management, reviewing financial strategies, and staying informed about global developments impacting their operations. Additionally, maintaining flexibility and agility in responding to changing market conditions is crucial for business resilience in uncertain times.

If your company has been significantly impacted and is struggling contact one of the MVP team to discuss the options.