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The ATO took action to force four of Philip Whiteman's companies into liquidation. 'Pre-insolvency adviser' accused of installing dummy directors The ATO and other government agencies do have a combined anti-phoenixing task force, which has acted recently against some of the more prominent facilitators. However, legitimate insolvency practitioners said the regulatory body was woefully under-resourced. The ABC spoke to numerous victims of phoenix operators, particularly creditors, over the past 12 months who expressed frustration with the lack of action taken by ASIC against dodgy directors and their advisers.
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There will also potentially be new specific phoenixing offences introduced, and an extension of existing penalties to capture the facilitators who advise phoenix operators. This would stop the appointment of "friendly" liquidators who turn a blind eye to phoenixing - a practice the ABC has seen evidence of in a number of cases. Implementing a first-cab-off-the-rank system for liquidators was also flagged as a possible measure. Those suspected of phoenixing could also be forced to provide a security deposit, which the ATO could use to recover future unpaid tax debts.
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Over the past 12 months, the ABC has reported on a number of "pre-insolvency advisers" who helped company directors carry out phoenixing. It is believed the Government is consulting on the best model of DINs to introduce. The new Directors Identification Numbers (DINs) will allow authorities to track the activities of individual directors through various government databases and map their relationships with other directors and companies. Phoenixing is estimated to cost the Australian economy more than $3 billion a year. Directors of Australian companies will be given a unique identification number to help stop the illegal activity of "phoenixing" - where companies are stripped of assets and liquidated, then restarted under a different name leaving creditors out of pocket.