ATO ramping up the recovery of company debt

The number of companies in tax debt distress has tripled since 2022, and the ATO has changed tack to go straight after directors.

The ATO has stated that any director who is not working to try to resolve their company’s tax may be given a DPN. They will target directors where they:

• are unwilling to work with the ATO.

• repeatedly default on agreed payment plans.

• do not have the capacity to pay and do not take steps to resolve their situation.

• have been subject to an audit where the ATO detects deliberate avoidance, and payment avoidance continues

• appear to engage in phoenix activities (using liquidation to avoid financial obligations without risking assets and to resume business operations through a new entity).

Ultimately, there are no hard and fast rules around when the ATO will issue a DPN. The discretion lies with the ATO having regard to the above points.

It is critical that companies pay attention to PAYG, GST and super liabilities and keep up to date with lodgments, as missed deadlines are catching up. Once a director gets a DPN, action needs to be taken, and timelines are getting tighter for negotiated plans, with ATO taking a stricter line.

Former directors can also be liable. If you resign as a director of the company, you remain liable for director penalties for liabilities of the company that:

• were due before the date of your resignation.

• fell due after your resignation if for PAYGW and net GST (including LCT and WET), the first withholding event in the reporting period occurred before your resignation.

How we can help

If you have been issued with a DPN, a positive outcome can still be achieved if a company is a viable business that trades well but needs time and the ability to repay. TaxAssist Accountants can assess your business situation during a free initial consultation which could result in an affordable payment arrangement with the ATO.

If your company is behind on BAS, Super or PAYG payments, we can help you get back on track and avoid a DPN. Call 1300 513 332 or make an enquiry here.

Last updated: 22nd September 2023