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Understanding Director Penalty Notices

We're diving into a critical topic for corporate clients – Director Penalty Notices (DPN).


The ATO is cracking down hard on outstanding debts. They're increasingly targeting corporate clients whose company debts have been left unpaid.


From a risk perspective, it’s crucial to understand and avoid them. DPNs are issued when the ATO feels the company's debt isn’t properly managed. The purpose of a DPN is to compel you to settle your debt – which is typically a company debt.


Failing to address a Director Penalty Notice (DPN) is highly inadvisable. If no action is taken, the debt will become your personal responsibility, and the ATO may pursue your personal assets to recover the amount owed.


How to Avoid a DPN

  • Manage Your Cash Flow: The key to avoiding a DPN is responsible cash flow management:

    • Don’t use ATO funds to pay other creditors: We get it—it's tempting when cash is tight. However, this can lead to skyrocketing ATO debts and trigger a DPN.

    • Keep money moving: Regularly make payments towards your ATO debt. This can prevent the debt from becoming personal.


  • Make Regular Contributions

    • Set aside 10-20% of your revenue into a separate account. Use this fund (often called a “war chest”) to cover:

      • GST

      • Super

      • Income Tax

      • Company Tax


  • Consistent saving ensures you’re not caught short when big payments are due.


  • React Quickly to a DPN; if you receive a DPN:

    • Act immediately: Timeframes are tight. Procrastination can lead to insolvency.

    • Seek professional advice: The sooner you act, the more options you have.


Consequences of Ignoring a DPN

  • Nine times out of ten, ignoring a DPN pushes the company towards insolvency - whether that's administration, liquidation, or voluntary administration. This unravelling can ruin your business relationships and force you to use personal assets to cover debts.


The smartest approach is preemptive: take control of your cash flow and ensure you meet ATO debt requirements.


If you have any questions or need further assistance, please contact us on 02 9564 5255. Let's work together to avoid DPNs and keep your business on solid ground.

 

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