Tax debt

Will you lend to me if I owe the ATO and there's no plan in place?

Owe the ATO with no payment plan, or had tax debt reported to a credit bureau? How lenders see it, what they'll ask, and how a loan can clear the tax debt.

Updated 1 October 2026 · Lend To Me editorial team

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Our verdict Case by case

The short answer

Case by case. Unmanaged ATO debt worries lenders because it can escalate — credit bureau reporting, garnishees, director penalty notices. But it's also one of the most common reasons businesses borrow. Where there's property equity, a secured loan to pay the ATO out can often be considered. Unsecured options are harder unless the debt is modest and the business trades strongly.

Key points

  • The ATO can report business tax debt of $100,000+ that's 90+ days overdue to credit bureaus if you're not engaging.
  • Director penalty notices give 21 days to act, and late lodgement narrows your options.
  • Paying the ATO out is a business purpose, and property-secured loans often suit it.
  • Engaging with the ATO now — even while you look at funding — protects you.

Why does unmanaged tax debt make lenders nervous?

Because the ATO is a very patient creditor right up until it isn’t.

When a tax debt sits without a plan, the ATO has a range of steps it can take. A lender knows those steps can hit your business’s cash flow — or you personally — after they’ve lent you money. So they want to understand where you are on that path.

Here’s what the escalation can look like:

StepWhat it means for a lender
Overdue balance, no contactRisk it grows; interest keeps adding
Credit bureau reportingThe ATO can report business debt of $100,000+ overdue 90+ days if you’re not engaging, after 28 days’ notice
Garnishee noticeMoney owed to you can be redirected to the ATO
Director penalty noticeDirectors personally liable for PAYG withholding, GST and super guarantee charge
Legal actionStatutory demands, court proceedings

None of this means a lender will say no. It means they’ll want to know which row you’re in, and what the plan is to get out.

Can a loan pay out the ATO?

Yes. Clearing tax debt is one of the most common business reasons to borrow, and it’s a legitimate business purpose.

Property-secured business loans ($20,000 to $5,000,000) through a first mortgage, second mortgage or caveat over residential or commercial property are the most common way to do it. The lender relies on equity, and paying out the ATO removes the risk that worried them in the first place. ATO debt is considered case by case.

Unsecured and cash-flow options (typically $5,000 to $500,000) are sized on turnover and bank statements. Some lenders will help clear a modest ATO balance for a business trading well. Larger balances, credit-reported debt or a DPN make this route much harder.

Tax debt keeping you up at night? Tell us the details in 60 seconds — no credit check to enquire, and a real person calls you.

What about director penalty notices?

If you’re a company director and you’ve received a DPN, the clock matters. The ATO gives 21 days from the date the notice is posted or left at your ASIC-registered address. And the timing of your lodgements changes what you can do: if PAYG withholding or GST was reported within three months of its due date, there are several ways to have the penalty remitted in those 21 days. If it was reported late or not at all, the ATO says the only way to remit the penalty is to pay the company’s debt in full.

That’s why a DPN often pushes owners towards funding quickly. Tell us about a DPN upfront — it’s a personal liability, and it shapes the whole conversation.

What should I do right now?

  1. Contact the ATO. It encourages businesses to get in touch before things escalate. Engaging can prevent credit reporting.
  2. Lodge anything outstanding. Even if you can’t pay, lodging on time keeps options open. See behind on BAS.
  3. Get your ATO statement of account. Know the exact balance, including interest.
  4. Gather your bank statements and property details. These drive the funding conversation.
  5. Think about the whole picture. Is the tax debt a one-off after a big year, or a sign the business is losing money? Funding fixes the first; it doesn’t fix the second.

An illustrative example

Invented example, for illustration only.

A joinery company owes the ATO $210,000 in GST and PAYG after a builder client collapsed owing them money. There’s no payment plan, and the ATO has sent a notice of intent to report the debt.

  • The director calls the ATO, explains the situation and gets time to arrange funding.
  • She owns a warehouse through a related entity. A loan secured over it pays out the ATO in full.
  • The notice is resolved, the business keeps trading, and the new loan has a plan to refinance to a bank once two clean years of figures are in.

What if a payment plan might be better?

Sometimes it is. If the balance is manageable and cash flow can carry instalments, a plan may cost less and be simpler. Businesses owing $200,000 or less may be able to set one up online. Our page on borrowing while on an ATO payment plan covers that route.

Is it better to fix the ATO debt or grow first?

Most of the time, clear or manage the ATO debt first. Unmanaged tax debt tends to get more expensive and more disruptive the longer it sits, and it colours every other conversation with a lender. Growing on top of it can mean more revenue, but also more GST and PAYG flowing into the same hole.

There are exceptions. If a specific growth opportunity — a contract, a key hire, stock for confirmed orders — will clearly produce the cash that clears the ATO, a combined loan that does both can make sense. That’s a conversation to have with a real person and your accountant, with the numbers in front of you.

A simple order of operations that works for many owners:

  1. Contact the ATO and stop the escalation.
  2. Lodge everything outstanding — see behind on BAS.
  3. Decide between a payment plan and a refinance.
  4. Only then add growth borrowing, if the business can carry it.

If a bank has already declined you because of the ATO debt, our page on being declined by the bank explains what other lenders look at instead.

Let’s work out the right way to clear it

Tax debt is stressful, but it’s also very solvable for a viable business — especially one with property equity. The sooner you look at it, the more options there are.

Asking us doesn’t mean a credit check, and it doesn’t mean your details land in a dozen lenders’ inboxes. A real person looks at your tax position and calls you. Please be precise on the form about what you owe, whether there’s a DPN, and what property is available — accurate details are how we find the right fit the first time. See your options.

Frequently asked questions

My tax debt was reported to a credit bureau. Can I still borrow?

It's harder but not impossible. Lenders will see the listing. Property-secured loans can still be considered case by case, especially if the loan pays out the ATO debt so the listing can be updated.

What's a director penalty notice and does it affect borrowing?

A DPN makes company directors personally liable for certain unpaid company tax — PAYG withholding, GST and super guarantee charge. The ATO gives 21 days to act. A lender will want to know about any DPN because it's a personal liability.

Should I call the ATO before applying for a loan?

Yes. The ATO encourages contacting it early. Engaging can stop the debt being reported and shows a lender you're managing the situation.

How quickly can a loan pay out the ATO?

It depends on the loan type and your documents. Property-secured loans involve a valuation and legal work. We'll give you a realistic timeline on the first call rather than a promise.

Is GIC tax deductible if I leave the debt running?

Not any more. ATO general interest charge and shortfall interest charge incurred on or after 1 July 2025 can't be claimed as a tax deduction.

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