Review: ATO’s administration of Director Penalty Notices
Scheduled to begin: TBC subject to resourcing
Reviews and reports
Director Penalty Notices (DPNs) are an important tool for the ATO to administer and collect certain company tax debts – GST, PAYGW and superannuation guarantee – directly from directors of companies. However, their use can have significant impacts on individual taxpayers, not all of whom are aware of their personal liabilities as a director.
In the 2024-25 financial year, the ATO issued more than 84,000 DPNs to directors of approximately 64,000 companies, a 136% increase over the prior financial year, as part of the strengthening of its debt collection functions.
Although DPNs are an important tool to ensure that directors who allow their companies to fall into debt are not able to escape liability, their use can also cause serious consequences. This is especially the case where directors have ceased their directorships or been unaware of the liabilities due to personal circumstances, such as illness, which may have prevented their active involvement in the management of the company.
An increasing area of concern is how coerced directorships are being used to perpetrate financial abuse, with DPN liabilities being a further impact on victim-survivors. Drawing on our body of complaints regarding DPNs as well as stakeholder feedback and the ATO’s ongoing work in relation to its vulnerability framework and debt strategy, this review would explore how the ATO uses and administers DPNs and any opportunities to improve its approach.