Director Penalty Notices

A Director Penalty Notice can put you personally at risk for certain unpaid company tax and superannuation liabilities. That is a serious prospect, particularly when the business is already under pressure. We help current and former directors understand the notice and deal with the legal response.

Contact us promptly. The notice date and the company’s reporting history can affect which options are available. Keep the complete notice and envelope. Do not assume that an incorrect amount, a resignation or the company’s financial difficulties makes the notice safe to ignore.

What we check for you

• The notice date, how it was given, the amounts claimed and the liabilities it covers.
• Your appointment and resignation dates, together with the company’s tax reporting and payment records.
• Whether a response could remit the penalty, and what evidence is needed for any available defence.
• Any ATO recovery action or court proceedings already underway.
• How the legal response fits with advice from your accountant or an insolvency practitioner.

We explain what is urgent and what needs investigation. Different notices can leave directors with very different options. Our advice is based on your records and the applicable rules, not an assumption that a standard response will solve the problem.

You do not need to assemble a perfect file before calling

• Tell us when you received the notice and whether the ATO has contacted you since.
• Have the notice, envelope and related correspondence ready for the initial discussion.
• Let us know who holds the company’s tax, payroll, superannuation and corporate records.
• Tell us about any payment arrangement, restructuring proposal or insolvency appointment.

We can then identify the documents needed and explain how we can act for you. You receive an upfront fixed-fee quote for the agreed legal work. No lawyer can guarantee that a director penalty will be withdrawn, but you can have an experienced lawyer assess it and represent your interests.