- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Director Penalty Notice - Company not put in Voluntary Administration

Discussion in 'Debt and Bankruptcy Law Forum' started by DEV RAJ, 9 June 2015.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. DEV RAJ

    DEV RAJ New Member

    7 June 2015
    Likes Received:
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi DEV RAJ,

    You need to respond to this notice straight away. Perhaps speak with a financial advisor or accountant to see whether the ATO is correctly charging you for the taxes. This penalty is for past taxes. It does not matter whether the company is still trading or not. The penalty relates to previous periods when the company was trading. You, as director, have a duty to ensure the company complies with its tax obligations. It appears you have failed to meet this duty, which is why you are being served with a director penalty notice.

    In other words, there are two issues here:

    1. The company owes the ATO unpaid taxes (if the company goes into administration, this may affect the debt); and
    2. You breached your duty as a director by letting the company fall behind on tax (this breach exists whether or not the company later goes into administration).

Share This Page