Tax arrears (statutory tax debt)
What are tax arrears, and how do they rank against a lender's security?
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BY MICHAEL SHANG · SIXTEEN YEARS IN COMMERCIAL BANKING · UPDATED
// THE SHORT ANSWER
Tax arrears are tax owed past its due date, often GST or VAT and tax deducted from wages, which a struggling business tends to stop paying first. Ranking differs: in New Zealand, GST and PAYE are preferential claims paid, where free assets fall short, from receivables and stock ahead of most security over them; in the UK, VAT and PAYE deductions became secondary preferential claims in December 2020, ahead of floating charges; in Australia, tax lost its priority in 1993, but directors can be personally liable for unpaid PAYG withholding, superannuation guarantee and GST. A lender reads a tax payment arrangement as debt and an early sign of strain.
BASIS Practitioner judgment from sixteen years in commercial banking, set out in How Bankers Think (Highbank Press, 2026). Every borrower on this site is a composite constructed for teaching, not a client. The market is mid-market commercial lending as practised in New Zealand and Australia; where a convention differs elsewhere, the page says so.
// THE FULL PAGE
Tax Arrears: How They Rank Against a Lender's Security →
The first creditor a struggling business stops paying is the state.
// WHAT IT IS NOT
Preferential creditors covers every claim the law pays ahead of ordinary creditors, chiefly employees; tax arrears are the tax debt itself, read both as a ranking claim and as a warning sign.
// WORKED IN
// NEXT TO IT
- Personal guarantee release
- General security agreement (GSA)
- Subordination
- Intercreditor agreement
- Loan to value ratio (LVR)
- Forced-sale value
- PPSR (Personal Property Securities Register)
- Retention of title
- Purchase money security interest (PMSI)
- Preferential creditors
- Letter of comfort
- Cross-guarantee
- Floating charge
- Structural subordination
- Recovery waterfall
- First mortgage
- Pari passu
- Loan to security ratio (LSR)
- Lending value
- All-monies clause
- Valuation reliance letter
- Solicitor's undertaking
- Loss payee (bank's interest noted)
- Liquidation value (orderly and forced)
- Water entitlements (as security)
- Livestock as security
- Specific security agreement (SSA)
- Debenture (security document)
- Share pledge (share charge)
- Step-in rights
- Third-party mortgage
- Limited guarantee
- Upstream guarantee
- Corporate benefit
- Financial assistance (whitewash)
- Deed of priority
- Perfection (security interest)
- Title insurance
- Payout figure (redemption statement)
- Independent legal advice certificate
- Panel valuer
- Desktop valuation
- Partial release (of security)
- Security trustee (security agent)
- Cash cover (cash-collateralised facility)
- Back-to-back loan
- Statement of position (personal assets and liabilities)
- Second lien (second-lien loan)
- Debt pushdown
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