Guide · For creditors

Overdue invoices and tax: GST, bad-debt deductions and ATO rules

An overdue invoice that becomes a bad debt has tax consequences on both the GST and income tax sides. Understanding them helps you recover what you can from the tax system, and avoid double-counting when accounts are later collected.

Overdue invoices and tax: GST, bad-debt deductions and ATO rules

When a debtor does not pay, most businesses focus on recovering the money — which is exactly right. But unpaid invoices that are ultimately written off have tax implications that are worth understanding. The key issues are the GST input tax credit adjustment for bad debts, the income tax deduction for bad debts written off, and how both interact when an account is later recovered (whether by Merion or any other means).

This guide is general information only. Your specific tax position depends on your business structure, GST accounting basis and the terms of the relevant debt — speak to your accountant or tax adviser for advice that applies to you.

GST and bad debts

When you issue a tax invoice, you report the GST included in it to the ATO — typically in the BAS period in which the invoice is issued (for businesses on an accruals basis of GST accounting). If the customer does not pay, you have already remitted GST to the ATO on a payment you never received.

Under the GST law (GSTR 2000/2 and section 21-20 of the A New Tax System (Goods and Services Tax) Act 1999), you can make an increasing input tax credit adjustment to recover the GST component of a bad debt, provided:

  • The debt has been written off as a bad debt in your accounts.
  • You have not been paid for the supply.
  • At least 12 months have passed since the due date for payment (or the debt has become genuinely irrecoverable before 12 months, such as where the debtor is in liquidation).
  • You reported the GST when you first issued the tax invoice.

The adjustment is claimed in the BAS for the period in which the bad debt write-off occurs. Keep records to substantiate the write-off and the date.

Income tax deductions for bad debts

A deduction for a bad debt under section 25-35 of the Income Tax Assessment Act 1997 is available where:

  • The debt is actually owed to you (not a contingent or uncertain amount).
  • The debt was previously included in your assessable income — typically because you recognised the revenue when you invoiced, not when you were paid (accruals accounting).
  • The debt has been written off as bad in your accounts during the relevant income year.

The deduction is available in the income year in which you write off the debt. A business on a cash basis of accounting — recognising income only when payment is received — generally cannot claim a bad-debt deduction, because the revenue was never included in assessable income in the first place.

What 'written off as bad' means

Both the GST adjustment and the income tax deduction require that the debt be 'written off as bad' in your accounts. The ATO's position (set out in Taxation Ruling TR 92/18 and the updated guidance for GST) is that a debt is bad when you have genuinely decided it is unrecoverable — not merely overdue. Factors relevant to that decision include:

  • The age of the debt.
  • The debtor's apparent financial position.
  • Enforcement attempts made without success.
  • The cost of further recovery relative to the likelihood of success.

Writing off a debt while actively pursuing recovery is not consistent with the debt being 'bad' — the ATO takes the view that a bad-debt deduction should reflect a genuine commercial decision that recovery is not expected.

When a written-off debt is later recovered

If you have claimed a bad-debt deduction and later recover the debt — for example, through a recovery agency — the recovered amount must be included in your assessable income in the year of recovery. Similarly, if you have claimed a GST adjustment and later receive payment, a decreasing adjustment (that is, repaying the GST to the ATO) is required.

Keep records of any bad-debt write-offs and subsequent recoveries so that the tax treatment can be correctly applied in both directions.

This guide is general information only. It does not constitute legal or financial advice. Tax rules change and your specific circumstances matter — obtain advice from a registered tax agent or accountant for your situation.

Common questions

Frequently asked questions

Can I claim the bad-debt deduction before 12 months have passed?

For the GST adjustment, the 12-month period applies unless the debt is genuinely irrecoverable before then — for example, where the debtor is in liquidation. For income tax, the test is whether the debt is genuinely bad in the year of write-off, which is a facts-based assessment not tied to 12 months.

My business is on a cash basis for GST — does the bad-debt adjustment still apply?

Businesses on a cash basis for GST generally do not account for GST until payment is received, so the adjustment is not available in the same way — you would simply not report GST on a debt you never received. Check your basis of accounting with your adviser.

Does recovering the debt through a third party change anything?

If your agent (including a recovery agency) collects the debt on your behalf, the recovery is treated as a payment to you — requiring the reversals described above. The commission paid to the recovery agency is a deductible business expense.

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Debts ageing toward a write-off?

Refer them to Merion first — recovery is commission-only and costs nothing to try.