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A collection of updates, articles and papers written by The Little CFO & The Little CFO Legal

Directors: Be aware of your potential personal liability for company tax debt

A timely reminder to update contact details held with the ATO to avoid any missing correspondence and associated deadlines.

The Australian Tax Office has announced that it intends to contact directors of companies with outstanding tax affairs requiring attention, in particular, debt obligations in respect of PAYG withholding, Superannuation Guarantee Charge, and GST.

The ATO Announcement: Director Penalty Notices

"Director penalty notices

In March we will be contacting relevant clients via letter to inform them about their potential personal liability for company tax debts under the Director Penalty Notice (DPN) program.

The letter will be sent to directors of companies if the company has not met their debt obligations in respect of PAYG withholding, Superannuation Guarantee Charge and GST.

Directors will be notified that we are considering issuing them with a DPN, which makes them personally liable for the debts of their business if the company does not actively manage their debt.

Our focus is on making directors aware of their obligations and personal liabilities, and the actions we may take if they don’t engage. We will be providing clear pathways for clients to re-engage, work with us, and avoid escalation.

There is information on our website if your client needs help with paying and support in difficult times. It is crucial that your client engages with us early before their debts become unmanageable.

You or your client can access our payment plan estimator to work out a plan your client can afford.

Generally, while your client has a debt, general interest charges continue to apply. Encourage your client to bring all their lodgments up to date to avoid further penalties. - Last Updated 28 Mar 2022"


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