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What is phoenix activity

Find out what phoenix activity is, the warning signs, how to protect yourself and how to report a business.

Published 18 September 2026

About phoenix activity

Phoenix activity is a deliberate attempt to avoid paying debts owed by a company by transferring assets of that company and continuing the same, or similar, business through a new entity, leaving employees, creditors (including other businesses), and the community to bear the cost.

Simply, phoenix activity is closing one company to avoid debts, then reopening with the same – or similar – activity, leaving people like employees and creditors unpaid.

Phoenix activity can occur in any industry or location. However, it's most common in the following industries:

  • property and construction
  • labour hire
  • security
  • mining, agriculture, horticulture, and transport – particularly in regional areas.

Why phoenix activity is harmful

Phoenix activity causes significant harm to the community because:

  • employees miss out on wages, superannuation and entitlements
  • other businesses are put at a competitive disadvantage
  • suppliers or sub-contractors are left unpaid.

The community misses out on revenue that could have contributed to community services.

The economic impact of phoenix activity on business, employees, and government is estimated to be $4.89 billion annually. This amount includes the cost to:

  • businesses from unpaid creditors – $3.3 billion
  • government revenue – $1.4 billion
  • employee's unpaid entitlements – $155 million.

Read some case studies of phoenix activity that the Phoenix Taskforce has disrupted.

Warning signs of phoenix activity

Whether you're running a business, or an employee or contractor, there are warning signs of phoenix activity you should learn to protect yourself.

How businesses can protect themselves from phoenix activity

When running your own business, you can take steps to protect yourself from other businesses that may be wound up or closed through phoenix activity.

Look out for any of the following behaviours from a company you are working with:

  • quotes that are lower than market value
  • company directors who have been involved with liquidated companies before
  • requests from an existing company to make payments to a new company name
  • changes to a company's directors and name while the management and staff remain the same.

Before you work with another business

Before you work with a business, check them out thoroughly by:

  • confirming they're registered and their Australian business number (ABN) is valid at ABN LookupExternal Link
  • searching the ASIC Connect registersExternal Link to check they're
    • a registered entity
    • not in liquidation or external administration
  • asking for references
  • doing a credit check on them
  • searching online to see if the company and its directors have any negative reports.

If you're concerned the company may be at risk of phoenix activity, consider reviewing your terms of trade with them, such as:

  • asking for upfront payments, cash on delivery or payments in instalments
  • ensuring you’re taking a large enough deposit.

Avoid phoenix advice

If your business is insolvent or struggling to pay its debts, it's important to seek specialist advice from a qualified and registered insolvency practitioner. You can use the ASIC Professional Registers SearchExternal Link to verify they're registered or licensed to provide this advice.

Registered liquidators and trustees will provide you with sound legal advice that you can rely on. Be wary of other insolvency advisers who suggest inappropriate actions designed to help directors avoid paying their creditors.

How employees, contractors and visa holders can protect themselves from phoenix activity

If you're working for a company, look out for any warning signs that your employer may be involved in phoenix activity. Warning signs may include:

  • you don't receive a payslip
  • the company's name or ABN changes, but the phone number or address stays the same
  • your super or other employment entitlements are not being paid
  • your pay is late or less than what it should be, or you're being paid less than the minimum wage
  • your payslip has a different employer name to whom you believe you work for.

Visa holders working in AustraliaExternal Link must be working for the sponsor business. If you are working for a different business, you may be missing out on employee entitlements or being paid less than the award rate.

Actions you can take to protect yourself include:

Report phoenix activity

We're working with other government agencies through the Phoenix Taskforce to stamp out phoenix activity.

You can help us stop phoenix activity by reporting it. We take all reports seriously.

If you know of or suspect phoenixing, you can report it to us by:

AUSTRALIAN TAXATION OFFICE
TAX INTEGRITY CENTRE
PO BOX 188
ALBURY  NSW  2640

Be aware that due to privacy laws, we can’t give you any updates or tell you the outcome of the information you provide.

Getting help if you've been affected by phoenix activity

These are some ways you can get help if you've been affected by phoenix activity:

Authorised by the Australian Government, Canberra.

 

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