What is a Director Penalty Notice and how can it make you personally liable for company debts? In this essential episode, Darren Vardy explains the ATO's powerful enforcement tool that gives directors just 21 days to act or face personal liability for unpaid PAYG, GST, and superannuation. Learn the critical difference between standard and lockdown DPNs, discover the three options available to avoid personal liability, and understand why the DPN regime was created in 1993. Darren reveals the importance of keeping ASIC records current and shares practical strategies for directors to protect themselves from unexpected personal exposure.
KEY TOPICS COVERED:
• What Director Penalty Notices (DPNs) are and how they work
• The three options to avoid personal liability within 21 days
• Standard DPNs versus lockdown DPNs - critical differences
• What debts are covered: PAYG, GST, and superannuation
• The history of the DPN regime since 1993
• Joint and several liability for multiple directors
• Why ASIC address records are critically important
• The 30-day grace period for new directors
• Resigning as a director doesn't eliminate liability
• How to avoid receiving a DPN in the first place
KEY TAKEAWAYS:
✓ Directors have only 21 days from the date of a DPN to avoid personal liability
✓ Three options exist: pay the debt, arrange a payment plan (with personal guarantee), or appoint an external administrator
✓ Lockdown DPNs have no 21-day grace period and can only be resolved by paying in full
✓ Lockdown DPNs are issued when BAS/IAS returns aren't lodged within 3 months of due date
✓ Superannuation debt falls under the lockdown DPN regime automatically
✓ Joint and several liability means the ATO can pursue any director for the full amount
✓ New directors have 30 days to do due diligence but remain liable for past non-lodgements
✓ Resigning as a director doesn't eliminate liability for debts incurred during your tenure
✓ The easiest way to avoid a DPN is to lodge returns on time, even if you can't pay immediately
Who Should Listen: Business owners, company directors, lawyers, accountants, and anyone wanting to understand financial distress warning signs.
About the Host:
Darren Vardy - Managing Director of Insolvency Options and Registered Liquidator with over 30 years of experience in business recovery and debt solutions. Darren has helped thousands of businesses and individuals navigate financial distress and find practical solutions to complex problems.
Connect With Us:
• Website: insolvencyoptions.com.au • Phone: 1800 463 328 • LinkedIn: https://www.linkedin.com/in/darrenvardy/
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Co-host: Anthony Perl
Produced by: Podcasts Done For You