The director penalty regime ensures that directors are personally liable for certain debts of the company if
the debts are not actively managed. The liability applies to both current and former directors.
To recover this debt, the ATO will issue a director penalty notice to the individual directors. The ATO can then take action to recover the
unpaid amount, including:
These letters are a warning shot and should not be ignored.
IN SOME CASES
In some cases it is possible for the penalty to be remitted but this depends on when the PAYG, GST or SGC amounts are reported to the ATO. For example, in some cases the penalty can be remitted if an administrator or small business restructuring practitioner is appointed to the company, or the company begins to be wound up. However, this is normally only possible for PAYG and GST amounts if they are reported to the ATO within 3 months of the due date. For SGC amounts this is only possible if the unpaid amount is reported by the due date of the SGC statement.
If the unpaid amounts are not reported to the ATO by the relevant deadline then the only way for the penalty to be remitted is for the debt to be paid in full. Winding up the company at this stage will not make the liability of the directors go away.
If you have received a warning letter from the ATO or a director penalty notice then please contact us immediately.
After overwhelming demand and sold-out sessions in Perth, Brisbane, Sydney, Melbourne and Mornington in 2025, we’re inviting expressions of interest for 2026. If you missed out earlier or are ready to dive into hands-on automation training, we’re considering additional sessions in various locations across Australia in 2026.
LIVE 2-DAY COURSE - MELBOURNE CBD
15 & 16 December 2025
Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA,
and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance
professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and
optimise VBA scripts, and deploy robust automation solutions independently.
LIVE 2-DAY COURSE - SYDNEY
11 & 12 December 2025
Join SkyBots’ 2-day Workshop with automation expert Daryl Aw to revolutionise your workflow using Power Automate, UiPath, VBA,
and cutting-edge AI tools like Copilot and ChatGPT. Tailored for accounting and finance
professionals, bookkeepers and small business owners, this hands-on training will teach you to automate repetitive tasks, generate and
optimise VBA scripts, and deploy robust automation solutions independently.
SMART Business Solutions is proud to announce its recognition as the winner of Excellence in Local Community Connection (Medium–Large Business) and Excellence in Access and Inclusion at the 2025 Mornington Peninsula Business Excellence Awards.
It might seem like a clever strategy - moving surplus business cash into your personal mortgage offset account to save on home loan interest, then shifting it back to the company around tax time. But there’s a catch: the ATO sees this, and they’re not fans.
