How Does the Bankruptcy Means Test Work?

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    The Bankruptcy Means Test: How It Works

    Eligibility to Become Bankrupt

    • No formal “means test” applies to filing for bankruptcy in Australia. You qualify to apply if you meet the following conditions:
      • You cannot pay your debts when due (you are insolvent).
      • You are in Australia or have a residential/business connection here.
    • There is no minimum or maximum debt, asset, or income requirement to apply.

    The Income Means Test: After You Become Bankrupt

    What Is Tested?

    • Each year during bankruptcy, your after-tax income is assessed against a threshold set by the Australian Financial Security Authority (AFSA) and indexed annually.
    • Dependants increase your income threshold; these are people you financially support, usually children or a spouse with low or no income.

    The 2025 Thresholds  

    • No dependants: $72,117.50 (after tax)
    • Two dependants: $91,589.23 (after tax)
    • The Thresholds rise with each additional dependent.

    How Are Payments Calculated?

    • If your after-tax income EXCEEDS your personal threshold, you must pay half of the amount above the limit as compulsory contributions to your trustee.
    • Example:
      • After-tax income (no dependants): $85,000
      • Threshold: $72,117.50
      • Difference: $12,882.50
      • Annual payment: $12,882.50 ÷ 2 = $6,441.25 in payable in instalments

    What Income Is Included?

    • Wages, salary, commissions, regular bonuses, superannuation payments, investment income, business income, and fringe benefits.
    • Most Centrelink and family tax benefits are excluded.

    What If My Income Changes?

    • You must notify your trustee about any changes in income or employment.
    • Payments are recalculated annually or when your circumstances change.

    What If I Have No Income or Low Income?

    • If your income is below the relevant threshold, you pay nothing.

    Other Factors

    • Assets, savings, or windfalls such as inheritances are NOT assessed in the means test for compulsory income payments. They are dealt with separately in bankruptcy asset rules.

    Get Professional Advice

    • Misjudging your income or failing to declare changes can result in paying too much or too little or breaking the law.
    • The Insolvency Group explains how the means test works for YOUR situation—so you’re prepared, protected, and get the right outcome during and after bankruptcy.

    Common Questions

    Here you will find quick links to commonly asked bankruptcy questions. Our goal is to provide you with a clear pathway to financial freedom.

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    Step By Step Process

    When your bills start to pile up, the creditors keep calling for payment, and you don’t have a way to repay the debt, bankruptcy can be a way to a fresh start.

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    Bankruptcy Without Assets

    Your bankruptcy trustee will total your debts, advise your creditors, outline your financial commitments, and provide repayment options.

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    Bankruptcy With Assets

    Your bankruptcy trustee can help you navigate the process so you do not lose your home, your tools of trade, and your car.

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    The Bankruptcy Means Test

    Situation

    What Happens

    Your income ≤ threshold

    No compulsory payments

    Income > threshold

    Pay half the excess over the threshold to the trustee

    Dependants

    Threshold rises for each dependent

    Income drops later

    Payments can be reduced or stopped

    Assets/savings

    Not counted in the annual income test

     

    Andrew Bell

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    Bankruptcy is a significant decision, but it can offer relief from unmanageable debt with the right advice and support. At the Bankruptcy Advisory Centre, we provide expert personal insolvency advice, guiding individuals through the complexities of insolvency law and offering tailored solutions for financial recovery.

    We support our clients through the bankruptcy process, including help with a court-ordered bankruptcy and advice on personal insolvency law.

    Our services answer common questions like “Can I keep my house and car in bankruptcy?” “Will bankruptcy affect my credit rating?” and “What debts are excluded from bankruptcy?” We also assist you with unpaid taxes and secured loan debts.

    If you’re struggling with debt, we offer compassionate support and debt relief options to regain control of your finances and set you on the path to financial freedom.